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TOPEKA – Senator Mary Pilcher-Cook, House Health and Human Services Chair Representative Brenda Landwehr and Assistant House Majority Leader Peggy Mast along with several supporters from each Chamber, have announced that they will be filing a House and a Senate Concurrent Resolution (HCR, SCR) to preserve constitutionally the right and freedom of Kansans to provide for their health care.
The resolution, The Health Care Freedom Amendment, gives Kansas citizens the right to choose whether or not to join any health care system, allowing them to manage their own health care options. The legislation also allows citizens to pay directly for medical care without penalties or fines, which is not allowed in some single-payer countries.
“Some lawmakers in the federal government are on a radical path to take away Americans’ health care freedom,” said Sen. Pilcher-Cook. “To protect citizens’ liberty in our state, this proposed constitutional amendment lays out simple principles that will preserve the freedom of Kansans to provide for their health care.”
Under the legislation, any state attempt to require an individual to purchase health insurance—or forbid an individual from purchasing services outside of the required health care system—would be rendered unconstitutional. The measure may also cause a federalism clash if Congress passes a law with either of these provisions.
“This is not a battle that hasn’t been fought before or won before,” said Christie Herrera, health policy director for the American Legislative Exchange Council, a state legislator group coordinating the effort.
“States are allowed to give greater constitutional protection than what is provided for in the U.S. Constitution. The U.S. Constitution provides a floor, not a ceiling, for the preservation of individual rights,” Herrera added.
Health care providers would also gain some constitutional protection in the state of Kansas, as the provision would safeguard the providers’ ability to receive direct payment for their services without fear of penalty or fines.
This proposition would not affect which health care services a health care provider or hospital is required to perform or provide. It would not affect which health care services are permitted by law and would not prohibit care relating to workers compensation or state employee benefit programs.
“The federal government does not have the ability to manage health care,” said Rep. Landwehr. “The affected individuals are in the best position to decide what health care they need because one size does not fit all.”
TOPEKA – Senator Mary Pilcher-Cook, House Health and Human Services Chair Representative Brenda Landwehr and Assistant House Majority Leader Peggy Mast along with several supporters from each Chamber, have announced that they will be filing a House and a Senate Concurrent Resolution (HCR, SCR) to preserve constitutionally the right and freedom of Kansans to provide for their health care.
The resolution, The Health Care Freedom Amendment, gives Kansas citizens the right to choose whether or not to join any health care system, allowing them to manage their own health care options. The legislation also allows citizens to pay directly for medical care without penalties or fines, which is not allowed in some single-payer countries.
“Some lawmakers in the federal government are on a radical path to take away Americans’ health care freedom,” said Sen. Pilcher-Cook. “To protect citizens’ liberty in our state, this proposed constitutional amendment lays out simple principles that will preserve the freedom of Kansans to provide for their health care.”
Under the legislation, any state attempt to require an individual to purchase health insurance—or forbid an individual from purchasing services outside of the required health care system—would be rendered unconstitutional. The measure may also cause a federalism clash if Congress passes a law with either of these provisions.
“This is not a battle that hasn’t been fought before or won before,” said Christie Herrera, health policy director for the American Legislative Exchange Council, a state legislator group coordinating the effort.
“States are allowed to give greater constitutional protection than what is provided for in the U.S. Constitution. The U.S. Constitution provides a floor, not a ceiling, for the preservation of individual rights,” Herrera added.
Health care providers would also gain some constitutional protection in the state of Kansas, as the provision would safeguard the providers’ ability to receive direct payment for their services without fear of penalty or fines.
This proposition would not affect which health care services a health care provider or hospital is required to perform or provide. It would not affect which health care services are permitted by law and would not prohibit care relating to workers compensation or state employee benefit programs.
“The federal government does not have the ability to manage health care,” said Rep. Landwehr. “The affected individuals are in the best position to decide what health care they need because one size does not fit all.”
By passing this proposition, the Kansas Legislature would be giving the citizens of Kansas an opportunity to vote for their health care sovereignty. Any person, employer or health care provider would have the right to be free from any rule or law compelling participation in any health care system. Kansas citizens and employers would be free to purchase lawful health services directly from a health care provider and there would be no law to prevent a provider from accepting direct payment for health care services.
"I feel it is time for the state to step in and protect our citizen's right to make their own decisions about their health and not allow the federal government to take that freedom away,” said Rep. Mast.
This resolution will go before the registered voters of Kansas if approved by two-thirds of the elected members of the Kansas Senate and two-thirds of the elected members of the Kansas House of Representatives. Once approved, the resolution will be placed on the election ballot in 2010.
If citizens vote against this proposition in 2010, there would be no constitutional protections to ensure that the citizens, employers, and health care providers of Kansas are protected from mandatory enrollment or participation in a government-managed healthcare system.
