States Consider Protectionist Legislation Against Health Care

Federal and State Health Care Legislation: As you know, the Patient Protection and Affordable Care Act was enacted on March 23, 2010. There are now approximately 39 states proposing legislation to limit, alter or oppose one or more aspects of the federal health reform legislation. A few of these states are:

• Idaho: In mid-March, this state enacted the “Idaho Health Freedom Act, ” to provide that every person within the state “shall be free to choose or decline to choose any mode of securing health care services without penalty,” among its provisions.
• Georgia: On June 2nd, this state enacted SB 411 , the “Healthy Georgians Act of 2010” to provide exemptions from certain unfair trade practices for certain wellness and health promotion programs.
• On March 22nd, Utah enacted a resolution prohibiting any state agency from implementing health reform unless state agencies recommend action or the legislature passes provision.
• Virginia: On March 10th , Virginia passed the following law (will not apply to Medicaid and CHIP coverage): “Health insurance coverage not required. No resident of this Commonwealth, regardless of whether he has or is eligible for health insurance coverage under any policy or program provided by or though his employer, or a plan sponsored by the Commonwealth or the federal government, shall be required to obtain or maintain a policy of individual insurance coverage. No provision of this title shall render a resident of this Commonwealth liable for any penalty, assessment, fee, or fine s a result of his failure to procure or obtain health insurance coverage.”