While all the attention on health care is on the new Congress, state governments still have a say. As the Los Angeles Times points out, “the fate of President Obama’s sweeping overhaul will probably be determined not in Washington but in state capitals across the country, where the GOP also scored dramatic victories.”

Here are just a questions that new leaders in state governments will have to answer:

  1. Should they join the ongoing state-based lawsuits against the law?
  2. Should they create a state-based health insurance exchange?
  3. Should they expand Medicaid before they are required by the feds?
  4. Should they impose stricter price controls on insurance companies?
  5. Should they petition the Obama Administration to delay implementing rules on medical-loss ratios, which will devastate some insurance plans?

In other words, state governments still have some significant amount of discretion.

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