The state Supreme Court will decide whether a 1% charge on health care claims is a fee or a tax.

     The money would help fund the state's Medicaid program.

     Insurance Commissioner Kim Holland calls the charge a tax, and says it's unconstitutional because it was passed by less than 3/4 of the Legislature, with fewer than five days left in the 2010 session.

     Unless the Court rules otherwise, the charge takes effect Friday.