Governor Bill Walker likely has the authority to expand Medicaid without legislative approval, according to two legal opinions written last month. One opinion, from the legislature’s legal services department, says the state’s health department can “cooperate with the federal government” and accept money for things like Medicaid.
The opinion also points out it is probably unconstitutional for lawmakers to include a line in the budget blocking Governor Walker from receiving Medicaid expansion funds. That’s because a section of the state constitution says “bills for appropriation shall be confined to appropriations.”
The memo was written in response to a question from House minority leader Chris Tuck. In a separate opinion, the state law department makes a similar argument.
In an email, a spokesperson for the Governor says Walker will evaluate whether to expand Medicaid on his own after the legislative session.