JEFFERSON CITY—A hard-fought victory for individual choice in health care was earned yesterday after the Senate passed the “Health Care Freedom Act,” a measure sponsored by Sen. Jane Cunningham (R-Chesterfield) in response to the recent passage of the federal health care bill.
The act was attached to a comprehensive insurance bill, House Bill 1764, and prohibits any federal law from interfering with an individual’s health care freedom—if approved by Missouri voters. According to the bill, the Health Care Freedom Act will be placed before voters on the August 2010 ballot, and if approved, no law could force a patient, employer, or health care provider to participate in any government or privately run health care system.
“This legislation simply protects the rights of Missourians to choose their own health care products and services without fear of facing fines or imprisonment,” Sen. Cunningham said. “It doesn’t reject any federal health care option, nor take away an individual’s choice to participate in the federal health care plan. The measure expands options, not limits them. I’m proud to lead Missouri’s push-back on this intrusive, costly mandate from Washington, D.C, and eager for Missourians’ voices, which have for so long been denied, to finally be heard at the voting booth.”
Senator Cunningham also says that although she feels this protection belongs in the constitution, passing the statute would be a huge step forward and will give the Attorney General the authority to defend Missourians who face prosecution for not following the Federal individual mandate. Cunningham also said that she believes this could very well play an important role in eventually defeating mandated health care. Additionally this bill would stop the state from instituting an individual mandate or system similar to Massachusetts.
With final passage, Missouri would join Virginia in passing the Health Care Freedom Act as a statute; which would provide further grounds for Missourians to be defended in federal court. Virginia's attorney General is basing his defense upon language almost identical to Senator Cunningham’s.
After passing the Senate by a vote of 26-8, HB 1764 now moves back to the House for final approval. Because of the referendum found in the measure, final approval by the House would send the legislation to the voters in August.
The Health Care Freedom Act has 20 Senate co-sponsors and is being emulated in 42 other states.
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