During the 2013 legislative session, the restoration and expansion of AHCCCS was passed, with Governor Brewer signing the bill.  We were dancing in the street. 

But, hang on!  There's been a convoluted path from the Governor's signature to the recent headline about the State Supreme Court sending the case back to Superior Court.  It has been a rocky road, and there may yet be more detours. So, don't keep asking "Are we there yet?"

During summer 2013, opponents mounted an effort to gather signatures to send the bill to a vote of the people, but failed because insufficient signatures were gathered.   

Subsequently, the thirty-six Republican legislators (in both the Senate and House) who voted in opposition to the bill brought legal action trying to stop the restoration and expansion.  The core of their concern was that the funding underlying the plan depends upon a hospital assessment imposed by the AHCCCS Director.  Their argument is that the assessment is a tax.  Increases in taxes require a two-thirds vote which the restoration and expansion bill did not achieve. 

Here comes Round 1:  The Superior Court ruled against the legislators claiming they did not have standing (a legal term indicating that the legislators who brought this lawsuit didn't have sufficient connection to or harm from the law or action that is the basis of the legal challenge).  

Here's Round 2:  The legislators appealed to the Arizona Appeals Court who overturned the decision of the lower court and granted the legislators standing to bring the case.

Round 3: Governor Brewer appealed to the State Supreme Court.  That Court ruled on December 31st again agreeing that the thirty-six legislators have standing to bring the suit.  

Round 4:  Now it's back to Superior Court with no date scheduled yet to get to the issues---tax or an assessment. 

The debate will be whether or not a super-majority vote is required - in other words, is an assessment a tax or not?. The Brewer administration had argued that Prop. 108 (the origin of the two-thirds vote requirement) wouldn't apply because it includes an exception for fees and assessments that are "authorized by statute, but are not prescribed by formula, amount or limit, and are set by a state officer or agency." The 2013 law authorized the director of the Arizona Health Care Cost Containment System to set the amount of the hospital assessment.

When the State Supreme Court decision was announced,  Governor Brewer stated, "I am abundantly confident that Arizona will ultimately prevail, and that the state will be able to focus on implementing one of the most meaningful and critical health care policies in years - the restoration of crucial, cost-effective care to thousands of Arizonans."

At issue is the fate of 279,007 childless adults restored to AHCCCS (as of the January 2015 report by the agency).  In addition, 36,373 individuals who were added to AHCCCS because of the expanded eligibility of up to 133% FPL ($12,372 for a single adult), would be dropped.

There's NO change for now.  But, it has indeed been a rocky road.