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Amendment scorns health mandate

LINCOLN — A proposed constitutional amendment to ban government health insurance mandates drew an overflow crowd last week to a Missouri legislative hearing.

By comparison, only three people testified Wednesday for a similar proposal in the Nebraska Legislature, and only five spoke in opposition.

State Sen. Beau McCoy of Omaha, who introduced Legislative Resolution 289CA, said the measure is part of a national movement to push back against health care reform proposals pending in Congress.

“Freedom is at the very core of the American dream,” he told members of the Health and Human Services Committee. “We must guard the right of American citizens to choose the plan that best meets their needs.”

The proposal would ban any state law that restricts a person’s choice of private health care systems or insurance plans or that interferes with a person’s choice to pay directly for medical care.

It also would ban any law that penalizes people for their health care and insurance choices.

Brad Stevens, state director of Americans for Prosperity, argued for the measure, saying government “should not require citizens to purchase any service to be a citizen.”

Jon Bailey, director of research for the Center for Rural Affairs, pointed to problems with the measure.

He said it would not stop federal reform in Nebraska because federal law has supremacy over state measures, but it could have unintended consequences for the state.

Sen. Tim Gay of Papillion, the committee chairman, said he shares concerns about federal overreaching. But he also worries about the reach of the proposed amendment and the difficulty of changing the Nebraska Constitution if problems arise.

“Wouldn’t we be restricting ourselves by doing this?” Gay asked. “I think we’d handcuff ourselves a little bit.”

Congress has been considering health reform legislation that would require all Americans to have health insurance.

The legislation’s future is up in the air after Democrats lost their filibuster-ending 60th vote.

Lawmakers in 35 states have filed or proposed laws or amendments to their state constitutions rejecting health insurance mandates, according to the American Legislative Exchange Council, a nonprofit group that promotes limited government. The council is helping coordinate the efforts.

Arizona’s effort is the farthest along. Voters in that state will decide in November on a “health care freedom” amendment.

This report contains material from The Associated Press.

Contact the writer:

402-473-9583, martha.stoddard@owh.com


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