By Ashley Speagle
Correspondent
ATLANTA — A bill that would let Georgia opt out of federal health reform is getting closer to the governor’s desk.
“Individuals have the freedom to choose to participate in private insurance, and they also have the right to join a government health plan,” said the bill’s sponsor, Sen. Judson Hill, R-Marietta.
The bill, which originated in the state Senate, passed the House Health and Human Services Committee 13-8 Wednesday. Its next stop is the House Rules Committee, then the full House. With those approvals, the bill will go to Gov. Sonny Perdue for his signature and take effect immediately.
But House and Senate resolutions to put such a ban in the state Constitution failed, meaning that a state law could be overturned or repealed.
Sen. Hill said the right to choose to participate in health reform extends to both consumers and health care providers.
“You can exercise your right not to offer certain medical treatments,” Sen. Hill said.
President Barack Obama recently signed the comprehensive health care bill that expands Medicaid coverage and stops insurers from denying covering adults with pre-existing conditions, among other provisions.
Gov. Perdue said the state would sue to stop reform. Democratic Attorney General Thurbert Baker, who is running to succeed Perdue, said such a suit would be unfeasible and expensive. Gov. Perdue said he will go forward with pro bono lawyers. Afterward, 31 Republican lawmakers moved to impeach Mr. Baker, The Associated Press reported.
HEALTH REFORM OPPOSITIONNo law shall be passed that:* Restricts a person’s freedom of choice of private health care systems or private plans of any type;* Interferes with a person’s or entity’s right to pay directly for lawful medical services;* Imposes a penalty or fine, of any type, for choosing to obtain or decline health care coverage or for participation in any particular health care system or plan.Source: Senate bill 317
Sen. Hill said he expects the federal government to challenge his bill, but he believes the U.S. Supreme Court would rule in favor of states’ rights.
However, Democrats weren’t convinced the bill is constitutional.
“There are several other cases that have ruled against states’ rights, and we can’t be sure of the constitutionality of this bill,” said Rep. Elly Dobbs, D-Atlanta.
“The interstate commerce clause (of the U.S. Constitution) allows for this type of mandate,” said Rep. Howard Mosby, D-Atlanta. “Should we be wasting our time dealing with this instead of some of the other pressing issues?”
Ashley Speagle covers the Georgia Legislature. Contact her at speagle.ashley@gmail.com.