A flurry of Health Care Freedom Acts – both as bills and resolutions for state constitutional amendments – have been prefiled for the 2011 legislative session in South Carolina. As of this writing, there are currently 4 that have been introduced. The following are the bill numbers, links to the full text, and a brief overview of the direction of the legislation:

House Bill 3011 (H3011)

A resident of this State, regardless of whether he has or is eligible for health insurance coverage under any policy or program provided by or through his employer, or a plan sponsored by the State or the federal government, must not be required to obtain or maintain a policy of individual insurance coverage. No provision of this title renders a resident of this State liable for any penalty, assessment, fee, or fine as a result of the resident’s failure to procure or obtain health insurance coverage.”

Senate Bill 5 (S0005)

A citizen of this State has the right to purchase health insurance or refuse to purchase health insurance. The government may not interfere with a citizen’s right to purchase health insurance or with a citizen’s right to refuse to purchase health insurance. The government may not enact a law that would restrict these rights or that would impose a form of punishment for exercising either of these rights. Any law to the contrary shall be void ab initio.”

House Bill 3269 (H3269)

It is proposed that Article I of the Constitution of this State be amended by adding:

Section 26. (A) To preserve the freedom of South Carolinians to provide for their health care:

(1) A law, regulation, or rule may not compel, directly or indirectly, any individual, employer, or health care provider to participate in any health care system.

Senate Bill 244 (S0244)

Must Article I of the Constitution of this State, relating to the Declaration of Rights, be amended to preempt any federal law or rule that restricts a person’s choice of private health care providers or the right to pay for medical services?

That’s it – so far. You’ll notice that while a step in the right direction, they all address 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 start for South Carolina, nonetheless. We hope to see a courageous legislator in S.C. 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.

Michael Boldin

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”



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