Judge to rule on lawsuit challenging legality of KY Health Benefits Exchange

LOUISVILLE, KY. (WDRB) -- A judge is expected to rule "as soon as possible" on a motion to dismiss a lawsuit challenging the legality of the Kentucky Health Benefits Exchange.

Gov. Steve Beshear created the exchange last year by executive order. He said it would help uninsured Kentuckians have insurance coverage under the federal Affordable Care Act, often known as Obamacare.

The lawsuit by tea party activist David Adams says the governor created the exchange without the legislature's approval. Adams has asked Franklin County Circuit Judge Phillip Shepherd to order work on the exchange to stop.

Shepherd held a hearing on the issue Monday morning in Frankfort.

Attorneys for Beshear asked Shepherd to dismiss the lawsuit, claiming that Adams and others who filed the lawsuit lack legal standing to do so.