Kansas to introduce constitutional amendment to protect individual rights to purchase health insurance

The American Legislative Exchange Council (ALEC), the nation's largest individual membership association of state legislators, congratulates Kansas Representatives Peggy Mast and Brenda Landwehr and Kansas Senator Mary Pilcher Cook for announcing their intent to introduce a constitutional amendment to protect the right of individuals to make their own health care choices. Kansas now becomes the 19th state where legislators have introduced, or will introduce, legislation modeled after ALEC's Freedom of Choice in Health Care Act.

"Federal health care reform efforts may include a requirement that individuals purchase health insurance, and a so called 'public option' which will result in less choices for consumers and new government mandates," said Iowa Representative Linda Upmeyer, minority whip, family nurse practitioner, and chair of ALEC's Health and Human Services Task Force. "Americans don't need more government mandates, we need real consumer choice. ALEC's Freedom of Choice in Health Care Act is designed to protect individual rights and our freedom to purchase health insurance of our choice, or not," she added.

The Kansas constitutional amendment preserves the rights of individuals to pay directly for medical care--something not allowed in single-payer countries like Canada--and prohibits any individual from being penalized for not purchasing government-defined insurance. 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.

Kansas now joins legislators in seven states (AK, GA, LA, MO, MS, NH, and UT) that have already publicly announced their intention to file legislation to protect their citizens from any health care mandates. Another 11 states have already filed or pre-filed similar legislation (AZ, FL, IN, MN, ND, NM, MI, OH, PA, WV, WY). Arizona's measure, which passed the legislature in June, will be put before voters on the 2010 ballot.

"ALEC members in the states are also working to enact real health care reform solutions that can--as President Obama has called for--increase competition, reduce costs and expand coverage. These include allowing consumers to purchase health insurance across state lines, providing tax relief for individuals to purchase health insurance, and a cost-benefit review of any government mandated insurance benefits," said Christie Herrera, director of ALEC's Health and Human Services Task Force.