A proposed amendment to the Pennsylvania Constitution that would protect citizens’ right to make health care choices took a big leap forward, passing the Senate last week.

SB10 declares:

A person shall be entitled to the freedom of providing for the person’s own health care. With the exception of providing indemnity and medical benefits to injured workers, no law shall be enacted:

(1)  requiring a person to obtain or maintain health insurance coverage, except as required by a court where the person is named as a party in a judicial proceeding;

(2)  prohibiting a person from or penalizing a person for making direct payment to a health care provider for tendering health care services; or

(3)  rendering a person liable for any penalty, tax, assessment, fee or fine as a result of the person’s failure to obtain or maintain health insurance coverage.

If approved by the general assembly twice, and then by people of Pennsylvania, the amendment would effectively nullify the insurance mandates in the Patient Protection and Affordable Care Act of 2010.

The Pennsylvania Senate passed the resolution 29-19 on March 28. SB10 now moves on for consideration in the House. The bill was referred to the House State Government Committee.

Tenth Amendment Center communications director Mike Maharrey said the Constitution clearly leaves the administration of health care to the states and the people, noting that no enumerated power delegates the responsibility of creating a “health care system” to Congress.

“The responsibility of protecting the rights of its citizens falls upon the state. That includes threats from an overreaching federal government,” he said. “This amendment would represent a solid step in the right direction, and the House needs to follow the Senate’s lead and get this resolution passed.”


If you live in Pennsylvania, contact your representative and encourage her/him to support your right to make your own health care choices and pass SB10. Phone calls work best. Then follow up with an email, or even a handwritten note. You can find representative contact information HERE.

Contact the members of the State Government Committee and encourage them to move SB10 along. You can find the committee members HERE.

Track health care freedom legislation across the U.S. HERE.

The 10th Amendment

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