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Tim Flores

Florida voters could opt out of health care reform : Matt Dixon


By: Health Insurance
Submitted: 2009-09-17 16:23:49 | Word Count: 505


If a resolution filed in July garners enough support, Florida voters may be given the opportunity to amend the state constitution and essentially opt out of federal health care reform.

Filed by Sen. Carey Baker, R-Eustis, and Rep. Scott Plankon, R-Longwood, HJR 37 would “protect Florida's citizens from being put into a federally mandated (health care) system that they may not think is best,” Baker said.

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If language in the resolution, which will be considered during the regular legislative session this Spring, gets three-fifths support from lawmakers, it could be on the ballot as soon as 2010. A constitutional amendment requires 60 percent voter support.

Marti Coley, R-Marianna, is one of the resolution’s 22 co-sponsors, and said it’s about sending a message to the federal government.

“I think it brings to the forefront the question, does the federal government really have the authority to tell its citizens how to pay for health insurance,” she said.

She said that legal questions surrounding a state sidestepping federal legislation could prove tricky.

“At the end of the day, I’m not sure we will be able to override federal legislation,” she said. “But, again, it brings this debate to the forefront.”

Baker, also a candidate for Agriculture Commissioner, agreed.

“We don’t expect the “federal” government to just say ‘you win,’” Baker said. “They are going to say their law trumps ours…and we are going to argue them.”

The resolution also says that a person or business can not be fined for choosing not to be insured. Congressional plans would require that individuals or businesses pay tax penalties if they don’t purchase health insurance.

Rep. Jimmy Patronis, R-Panama City, said the resolution is an “attention getter.”

“I think this will let our congressional delegation and the residents of Florida know that we are not embracing a federally mandated system,” he said.

Baker said the resolutions boils down to one thing.

“This is really just about protecting health care choice,” he said.



Growing trend

So far eight states are considering amending their constitutions to prohibit what, some say, are federal health care mandates.

Voters in North Dakota and Wyoming have rejected similar proposals, and lawmakers in Michigan and Minnesota have yet to take up measure that would institute state-guaranteed protections from federal health care reform mandates, according to the Associated Press.

Arizona is the lone state to put the proposal on the 2010 ballot.

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