EDITOR’S NOTE: With news from Idaho about a health care nullification act being introduced shortly, and this bill below, that brings the total to 8 – states that are considering rejecting not just health care mandates, but the entire national health care bill. Track them here.

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This bill (full text) makes it a misdemeanor for an officer of the government to interfere with or withhold medical services from legal residents of New Hampshire.

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The Constitution for the United States, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or Laws of any State to the contrary notwithstanding. The Constitution for the United States of America Article 1, Section 8 delegates no power to Congress regarding health care or medicine. Therefore, all laws, statutes, rules and regulations regulating the health care of the citizens of the States, not employed by the United States are not pursuant to the Constitution of the United States, and are not part of the supreme law of the land, and are not binding upon the citizens of the state.

Any act, order, law, statute, regulation or rule restricting the ability of New Hampshire citizens to contract with health care professionals or facilities for the provision of health care services or to contract with corporations providing health insurance authorized by the State of New Hampshire for health insurance is unconstitutional, void and of no force. Any attempt to enforce such a law is an affront to the Sovereignty of the States and their Citizens.

Interference Prohibited.

I. Any officer, agent, or employee of the United States or employee of any corporation providing services to the United States who prevents, attempts to prevent, interferes with, or withholds medical services from a legal resident or inhabitant of New Hampshire or withholds medicines or medical treatment from a legal resident or inhabitant of New Hampshire based upon a law, statute, regulation or rule of the United States without the consent of the General Court of New Hampshire shall be guilty of a class A misdemeanor.

II. Any public servant of the State of New Hampshire as defined in RSA 640:2 who prevents, attempts to prevent, interferes with, or withholds medical services from a legal resident or inhabitant of New Hampshire or withholds medicines or medical treatment from a legal resident or inhabitant of New Hampshire based upon a law, statute, regulation or rule of the United States without the consent of the General Court of New Hampshire shall be guilty of a class B misdemeanor.

III. Any officer, agent, or employee of the United States or employee of any corporation providing services to the United States who prevents, attempts to prevent, interferes with, voids or administers penalties for a contract between a legal resident or inhabitant of New Hampshire and a health insurance provider authorized to business in New Hampshire based upon a law, regulation or rule of the United States without the consent of the General Court of New Hampshire shall be guilty of a class A misdemeanor.

IV. Any public servant of the of the State of New Hampshire as defined in RSA 640:2 who prevents, attempts to prevent, interferes with, voids, or administers penalties for a contract between a legal resident or inhabitant of New Hampshire and a health insurance provider authorized to business in New Hampshire based upon a law, statute, regulation or rule of the United States without the consent of the General Court of New Hampshire shall be guilty of a class B misdemeanor.

4 Effective Date. This act shall take effect upon its passage.

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CLICK HERE – to view the TAC’s Health Care Nullification Act legislative tracking page.

CLICK HERE – to view the full text of TAC’s model legislation – the Federal Health Care Nullification Act.  Please send it to your state reps and senators for introduction in your state today!

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