Sitting on North Carolina Governor Bev Perdue’s desk – and waiting for action – is House Bill 2 (HB2), the “Protect Health Freedom” act.

The bill states that:

A law or rule shall not do any of the following:

(1) Compel a person to (i) provide for health care services or medical treatment for that person or (ii) contract with, or enroll in, a public or private health care system or health insurance plan.
(2) Interfere with a person’s right to pay directly for lawful health care services or medical treatment to preserve or enhance that person’s life or health.
(3) Impose a penalty, tax, fee, or fine on a person for (i) providing for, or failing to provide for, health care services or medical treatment for that person or (ii) contracting with, or enrolling in, or failing to contract with or enroll in, a public or private health care system or health insurance plan.

The House voted to approve, 66-50. It was passed, amended, by the Senate, 30-18. The House concurred in short order and sent the bill to the Governor’s desk last Thursday, 02-24-11.

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.

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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