On Wednesday, freshman Arkansas state rep David Meeks (R-Conway) introduced House Bill 1053 (HB1053), the Health Care Freedom Act. The bill’s intention is to prohibit Arkansans from being required to enroll in a health care insurance program. The bill states, in part:
(c) A law or rule shall not compel, directly or indirectly, an individual, an employer, or a health care provider to participate in any health care system.
(d) (1) An individual or an employer may make direct payment for lawful health care services and shall not be required to pay penalties or fines for making direct payment for lawful health care services
The Tenth Amendment to the Constitution codifies in law that the federal government is one of limited, delegated powers – and that all powers not enumerated in the Constitution are reserve “to the States, respectively, or to the People.”
The founders, during the time of the Constitution’s ratification, made clear that a vast majority of regulatory powers would be left in the states – including social services, agriculture, mining, and more. Click here to read more.
Various versions of this legislation have already been passed in Virginia, Utah, Idaho, Oklahoma, Louisiana, Missouri, and Arizona. More than a dozen others are expected to consider the Health Care Freedom Act in 2011 – Arkansas joins Texas and Florida as the third so far.
In reading the legislation, though, you’ll notice that it addresses just the mandated coverage of health care, and none go to the core issue – that the federal government is not authorized by the constitution to be in the health care business. period. A good first step for Texas, nonetheless. We hope to see a courageous legislator in Arkansas take up the banner of the Federal Health Care Nullification Act, as has already been done in Texas.
CLICK HERE to view the Tenth Amendment Center’s Health Care Freedom Act legislative tracking page
The Tenth Amendment Center has released the Federal Health Care Nullification Act, which directly nullifies the “Patient Protection and Affordable Care Act” on a state level. Click here to learn more.
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