By Gina Jordan
http://stream.publicbroadcasting.net/production/mp3/wfsu/local-wfsu-895237.mp3
Tallahassee, FL – An effort by Republicans to pass a healthcare resolution was thwarted in a House council Thursday by Republicans. At issue is how much power the state has to trump the federal government's healthcare reform plan.
The joint resolution on Health Care Services went before the House Rules and Calendar Council. Representative Scott Plakon, Republican of Longwood, is a co-sponsor.
"First, it reserves the basic right of Floridians to have control over their own healthcare. In other words, we retain the right to choose a healthcare solution that we believe is best for us and our families. Secondly, Floridians won't be able to be compelled to purchase healthcare services. In other words, don't force us to do something we might not otherwise want to do."
The resolution is nicknamed the Florida Healthcare Freedom Act. If lawmakers, then voters, approve it, the measure will become part of Florida's Constitution. Plakon said supporters of this resolution believe any government forcing the people to buy a product as a condition of citizenship is not what this country's founders had in mind. He thinks medical freedom should be guaranteed just like the right to assemble, to bear arms, and to be religious.
"We believe that an individual mandate that forces Floridians to buy insurance, whether on a federal basis like the one in Washington, or on a state basis like the failed Massachusetts experiment, is wrong for Floridians. They're anti-freedom, anti-liberty, possibly unconstitutional, and should be offensive to people who love liberty."
Plakon said the recently passed federal mandate would be the first time in history that Americans will be penalized for not buying a product from a private, for-profit company.
Representative Ron Saunders, Democrat of Tavernier, asked, "You mentioned the failed Massachusetts health plan. Is that the one proposed by Republican Governor Mitt Romney?"
Plakon replied, "That was actually proposed by the Democratic-led Legislature in Massachusetts, and Governor Romney threatened to veto it. He actually proposed an alternative to the individual mandate; at the end of the day, under a threat of override, decided to sign it."
While the resolution would prevent a mandate from the state government, the impact it would have on the federal government's hand in Florida is unknown. Nineteen states, including Florida, have filed suit challenging the constitutionality of the federal reform package. So, Representative Bill Galvano, Republican of Bradenton, offered an amendment to the resolution to avoid creating any unintended legal issues.
"We tightened the language to keep within the parameters of what is under the authority of the Florida Constitution."
Galvano's amendment would prevent the state from mandating healthcare, but would not affect the federal legislation. He was concerned about whether the resolution in its original form would violate a clause in the U.S. Constitution giving federal law precedence over state law. Representative Ron Reagan, Republican of Sarasota, asked Galvano to clarify the amended language.
"What we're saying is this is acting on state laws, so basically the state will not require any individual who chooses not purchase health insurance for themselves, who wishes to self-insure on themselves, it will allow them to do that? Would you say that's correct?"
Galvano replied, "That's correct."
The sponsor of the original measure, Representative Plakon, said the idea came from the state of Arizona, which had a citizen's amendment in 2006 after the failure of the healthcare mandate in Massachusetts. He reiterated this is not just a response to what some refer to as Obamacare.
"This process in other states started before that. So the timeliness of this is, I think overall, some of us feel that governments in general seem to be on the move as government gets larger. And we want to sort of draw the line on certain basic rights in the state of Florida that we should have; in this case, the very simple right that we should not be forced, compelled, taxed, fined to make us do something with something as precious and important as our own health."
Before Plakon could answer another question, a motion was made to temporarily postpone the amendment. That was approved by the council, and then came a motion to postpone the entire resolution. That was also approved, so for now, there is no further action scheduled in the House on the measure.
The original version has passed three committees in the Senate. If both chambers manage to pass the resolution, voters will decide in November whether they want it in the state constitution.