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Bill declares Idahoans free from government compulsion on health carePosted: Tuesday, January 19, 2010 A House committee agreed to debate a bill that is intended to prevent the federal government from penalizing Idahoans for not having health insurance. Rep. Jim Clark, R-Hayden Lake, introduced the "Idaho Health Freedom Act" on Jan. 19 to the House State Affairs Committee. Rep. Lynn Luker, R-Boise, and Rep. Raul Labrador, R-Eagle, are co-sponsors. "It's about time for all legislators who believe in states' rights to move from talking about it to making policy that makes it happen," Clark said. The bill declares that "the power to require or regulate a person's choice in the mode of securing health care services, or to impose a penalty related thereto, is not found in the Constitution of the United States of America, and is therefore a power reserved to the people pursuant to the Ninth Amendment, and to the several states pursuant to the Tenth Amendment." "The state of Idaho hereby exercises its sovereign power to declare the public policy of the state of Idaho regarding the right of all persons residing in the state of Idaho in choosing the mode of securing health care services," the act states. It says that no public official, employee or agent of the state shall "act to impose, collect, enforce, or effectuate any penalty" that violates that policy. The bill, which will receive a full hearing by the committee, prompted little discussion. Rep. Phylis King, D-Boise, said she was "puzzled" by the need for the bill, noting that Idahoans are required to buy auto insurance. "You don't have to purchase an automobile," Clark responded. "That's the difference. You can walk. You can take public transportation." King voted with Rep. Anne Pasley-Stuart, D-Boise, and Elaine Smith, D-Pocatello, against the measure. Clark said he believes the bill is the best way for Idaho to fight health insurance reform efforts at the federal level. Bills before Congress would require everyone to have health insurance or pay a penalty, while large employers might also face penalties if they do not provide insurance. Clark said 26 states have passed or are considering measures to fight the reform, including constitutional amendments, code changes or resolutions. He said the bill would help Idaho have standing in federal court if the state decides to sue. Gov. C.L. "Butch" Otter has vowed legal action if the reform passes in its current form. Clark said creating a new statute is better than passing a constitutional amendment, an effort that might cost $500,000, because the state can change or repeal the code as time goes on. A fiscal note that accompanies the proposal says enforcement by the state attorney general's office might require the hiring of an additional attorney, which would cost about $100,000. Clark said he did not know if that was likely to happen or not. © 2010 Idaho Business Review |
