Wyoming Health Freedom Act (2010)

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The Wyoming Health Freedom Act[1] is an initiative sponsored by the President of the Wyoming Senate, Senator John Hines[2] and the Wyoming House Speaker Pro Tempore, Representative Tom Lubnau[3]

The proposed initiative under consideration is similar to the Arizona Health Insurance Reform Amendment (2010).[4]

Ballot summary

The Wyoming Health Freedom Act reads:

As the individual liberty of the people is essential to their well being, the right of every natural person to make lawful decisions about their own health and health care shall not be infringed. It shall be the duty of the legislature to determine the lawfulness of particular forms of health care. It shall be the duty of the State of Wyoming to provide regulation of health care and health care insurance so long as such regulation does not unnecessarily restrict a natural person’s right to make lawful decisions about their own health and health care. No law shall interfere with a person's or entity's right to pay directly for lawful medical services. No law shall impose a penalty, fine or tax of any type for choosing to obtain, decline, participate or not participate in any lawful health care insurance, system or plan. The right of every natural person to make lawful decisions about their own health and health care shall not be construed to contradict, amend or otherwise modify any health or health care related contractual agreement.

Legislative history

In 2009, Senator Hines with Representative Timothy Hallinan[5] sponsored legislation similar to Arizona Proposition 101 (2008). The proposed amendment was heard, and subsequently held back by the Senate Committee on Labor, Health and Social Services[6]. At the time, the committee believed the original language[7] was deemed to broad and as such could have had unintended consequences adverse to health care in the state.

The 2010 Health Freedom Act[1] revamps the original language address the concerns of the committee.

Wyoming requires that any amendment obtain two-thirds of each house to be placed on the ballot for the general election. As 2010 is a budget year, Wyoming Health Freedom Act faces a tough challenge as any non-budget issue requires a vote to consider the amendment by two-thirds of either house of the legislature.

(See Amending the Wyoming Constitution).

Wyoming's Future

The Wyoming Health Freedom Act is advocated by Wyoming's Future[8]. According to Wyoming Future, the goal is to ensure that indivudal liberty is the foremost concern when reforming health care, saying "It is of paramount importance that personal liberty be respected in health reform. No matter how necessary some may deem it; it never, ever, makes sense to take rights away from one citizen to confer the guise of safety to another."

Similar measures in other states

Groups in Indiana, Minnesota, North Dakota and New Mexico are considering a similar proposal. Two of these states (North Dakota and Wyoming) allow ballot initiatives; in the other three states, the state legislature would have to vote it onto the ballot using their state's procedure for constitutional amendments.[4]

External links

References

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