Yesterday, the Kansas House passed the “Health Care Freedom Amendment ” – House Concurrent Resolution 5007 (HCR5007). The proposed state constitutional amendment is designed to prevent the federal government from mandating that individuals buy health insurance, a requirement of the Affordable Care Act passed by Congress and President Obama last year. It states:

(1) A law or rule shall not compel, directly or indirectly, any person, employer or health care provider to participate in any health care system or purchase health insurance.

(2) A person or employer may pay directly for lawful health care services and shall not be required to pay penalties or fines for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care services and shall not be required to pay penalties or fines for accepting direct payment

The Kansas House vote was 93-26.

In 2010, seven states passed versions of the Health Care Freedom Act, which directly challenge the claimed power of the federal government to mandate health insurance on individuals. In 2011, at least 12 other states are already considering the law as well – with the houses in Iowa and North Carolina voting to approve just this month

Virginia AG Ken Cuccinelli has taken the lead on bringing the state laws to federal court. A federal judge in Virginia ruled in December that the insurance-purchase requirement of health care reform passed by Congress last year was unconstitutional. But, two other federal judges have upheld the requirement, leaving supporters of decentralization rightly concerned about the fate of their liberty in the hands of the federal court system.

In another direction, 11 states are currently seeking to go beyond just health care mandates, and pass laws that render the entire Patient Protection and Affordable Care Act null and void in the states. And, they’re seeking to do this without a court fight either. Track their actions here.


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 about the bill. CLICK HERE to track the Nullification Act in states around the country.

Michael Boldin

The 10th Amendment

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