Kentucky and California’s attorney general will likely ban together in a lawsuit over what many are calling the new "problem-riddled" prescription drug plan.
Bill Lockyer says the program has already cost the state of California 150-million dollars in emergency prescription help.
The Medicare funding program took effect January first, but has been nothing but a headache for many enrollees.
A clause in the legislation requires states to reimburse the federal government for money they will save.
Lockyer says he'll argue it's "unconstitutional."
Kentucky Attorney General Greg Stumbo says the so-called "clawback" will cost Kentucky 88-million dollars in 2006 alone.
Missouri and Texas are also expected to join the suit.