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3/15/2010
Nullification? Might not need it this time around
Virginia says no way will they allow the federal government to mandate their residents purchase health insurance and as such is seeking to nullify the federal law.
The Virginia Legislature this week is poised to become the first state to pass legislation that says citizens cannot be required to have medical insurance.
Dozens of other states are considering similar measures, possibly setting the stage for one of the greatest tests of federal power over the states since the civil rights era.
If states are allowed to opt out of the mandate, the foundation of Obama’s effort would be undermined, turning the nascent revolt here into one with national implications.
… Virginia’s lawmakers are focused on constitutional questions and the power of states to run their own affairs.
Wisconsin State Representative Leah Vukmir says it just right: "The real goal of national health insurance exchange isn't competition -- it's a federal power grab that flies in the face of the Tenth Amendment.”
Well, Wisconsin is on of those “dozens of other states” attempting a similar nullification effort. Senate Joint Resolution 62 would create a constitutional amendment which requires adoption by two successive legislatures, and ratification by the people, before it can become effective. It’s pretty straightforward:
The people have the right to enter into private contracts with health care providers for health care services and to purchase private health care coverage. The legislature may not require any person to obtain or maintain health insurance coverage or to participate in any health care system or plan.
Senator Leibham is the bill’s chief sponsor, joined by Senators Lazich, Kapanke, Darling, Grothman, A. Lasee, Hopper and Schultz; and Representatives Vos, Davis, Pridemore, Suder, Petersen, Meyer, Nygren, Kestell, Townsend, Kerkman, Tauchen, Kramer, Knodl, Gunderson, LeMahieu, Strachota, Honadel, Lothian, Kleefisch, Spanbauer, Ballweg, Nass and Ziegelbauer.
This is very serious stuff. Normally I’d say If your state representative or state senator isn’t on the list of supporters above (all Republicans by the way, except Rep. Ziegelbauer, D-Manitowoc), call them and ask them to add their name. I’d also suggest railing on Sen. Erpenbach (D-Waunakee), chair of the Senate Health, Health Insurance, Privacy, Property Tax Relief and Revenue (whew) Committee, who so far hasn’t taken up the bill.
But I don’t think we need it!
(It’s a good thing too. I can’t imagine Erpenbach will allow the bill to be heard in committee. On top of that, there’s a good bit of doubt that these state challenges would stand up to constitutional tests - yeah, explain that one – geeez.)
Timothy Jost, via the New England Journal of Medicine, suggests that while the Senate bill imposes a mandate and imposes a slap-on-the-wrist penalty for not complying with the mandate, the penalty may not even be enforceable!
… the mandate is particularly vulnerable from an enforcement perspective. It essentially imposes a tax penalty (to begin in 2014 and to be fully phased in by 2016) on uninsured individuals who do not purchase health insurance, subject to a number of exceptions for those who cannot afford health insurance or who oppose it for religious reasons. Individuals are supposed to pay this penalty with their annual income taxes, but the Senate bill waives criminal penalties and prohibits the Internal Revenue Service (IRS) from imposing liens or levies on a taxpayer’s property for failure to pay. Compliance will, therefore, be largely voluntary (although the IRS can still make a tax resister’s life miserable, whether or not it can ultimately collect). The state bills can thus be seen as invitations to civil disobedience that counsel state citizens to “violate the federal law, wave this statute in their face, and dare them to come after you.”
Time to wave the statute in somebody’s face.
Jo Egelhoff, FoxPolitics.net
COMMENTS
Jo,
So you believe that people shouldn't have to pay for their own health insurance if they're not covered by another plan?
dave allen (Mon Mar 15 07:19:02 2010)
Again, we are offered the question: Which is to be the master, the federal government or the People?
Brian Heyer, CPA (Mon Mar 15 09:20:08 2010)
Brian,
I have seen time and time again in this forum and elsewhere the constant drumbeat that people should be responsible for themselves and that people are using services that are paid for by others. So, what is your specific proposal as to how people who wish to be uninsured pay for their medical care, and who enforces that? And it doesn't count if you say they're on their own because that doesn't happen as you well know. Someone pays for the 21 year old who breaks a leg and is uninsured and has no assets and right now that someone is me.
dave allen (Mon Mar 15 09:39:03 2010)
Dave, it's very simple. You tell your dr. you're going to pay cash, and he charges less than if he had to go through a middleman. Yes, I know people who do this. Next, you get MAJOR MEDICAL high-deductible insurance and a MSA to cover you for catastrophic expenses. (These same people also do that.) Works just fine!
As to 21-year-olds who break legs, they are billed and they do pay in installments if they are not insured. Wages can even be garnished. "But they don't work"--well, they SHOULD. If they have to get out of WI to find work, so be it.
Somehow the deadbeats that end up NOT paying their bills, have enough to get tattoos, cigarettes, cell phones, jewelry, and junk food. So they can certainly pay towards their bills, too. I suggest they be FORCED to work at something and wages garnished to pay.
emily matthews (Mon Mar 15 16:40:36 2010)
Emily, You're dreaming. You may have a personal opinion about deadbeats etc. that really drives you crazy. Nevertheless a huge driver of my insurance rates and everyone else is the fact that the uninsured get medical care and don't pay for it. Some of these uninsured can pay for insurance and should pay. But assuming that the uninsured will pay cash (or be denied care) just because you say so is totally false and will never happen. Go ahead and be pissed off at this group that you say you know so well. But the costs won't go down one bit because of your self righteousness. The only solution for people to get insurance rather than being uninsured(assuming they can afford to buy insurance) is they have to buy insurance....Get it? Have to buy insurance. Plain and simple.
dave allen (Mon Mar 15 19:20:20 2010)
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