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U.S. Says Florida Can't Opt Out of Federal Healthcare
HEALTH NEWS FLORIDA ^ | 4/23/2010 | Carol Gentry and Jim Saunders

Posted on 04/23/2010 11:58:03 AM PDT by tutstar

By Carol Gentry and Jim Saunders 4/23/2010 © Health News Florida Only hours after the Florida House and Senate voted to “opt out” of the new federal health law, the top U.S. health official said Thursday night that will not be permitted.

Without mentioning any particular state or going into detail, Health and Human Services Secretary Kathleen Sebelius said that state and local officials can vent all they want about a so-called “federal takeover” of health care. But they cannot deny their citizens access to its benefits or requirements, she told the Association of Health Care Journalists. Our eAlert subscribers read it first! “They may want to opt out, but they don’t get to opt out all of their citizens who want and need health care,” Sebelius said.

Florida has an estimated 4 million uninsured, most of whom will be covered when the Patient Protection and Affordable Care Act (ACA) takes full effect in 2014.

At least 30 states have passed state constitutional amendment legislation similar to that approved by the Florida Legislature, according to theNational Conference of State Legislatures.

Sebelius said the backlash against the ACA has been ginned up by “misinformation,” much of it deliberate. Thus HHS will be setting up an Internet site to answer frequent questions and a toll-free helpline, similar to that operated for Medicare beneficiaries. HHS staff members present at the conference said they hope to have the Internet site up by July 1 and the help desk soon after.

The opt-out measure passed in the House and Senate on Thursday, a proposed amendment to the Florida Constitution, will go before voters in the November election. The proposal says, in part, that Floridians may not be forced by law to "participate in any health-care system.''

Dividing along almost strict party lines, the House passed the proposal 74-42, and the Senate followed in a 26-11 vote. Republican supporters say the issue is a matter of freedom and preventing encroachment by the federal government.

"The fact that we have to have this debate in the United States of America is troubling and bizarre,'' said Rep. Mike Horner, R-Kissimmee.

Democrats said the proposal's supporters have spent more time trying to prevent expansion of coverage than they have on solving the state's health-care problems.

"That is the folly of this moment, and this constitutional amendment is misguided in the extreme,'' said Sen. Dan Gelber, D-Miami Beach.

The measure is primarily aimed at part of the health-reform law that will eventually require people to buy health insurance or face financial penalties --- a concept known as the "individual mandate.'' Republicans in Tallahassee and other state capitals have launched numerous efforts to allow people to opt out of the requirement since the Democrat-controlled Congress passed it last month.

At the same time, Republican Attorney General Bill McCollum has launched a separate legal battle challenging the federal law. That lawsuit is pending.

Democrats have repeatedly argued that the legislative attempts to allow Floridians to opt out of the federal law would violate the so-called "supremacy clause'' of the U.S. Constitution. That clause generally gives precedence to federal law over state law when conflicts occur.

"We should not step on the United States Constitution, and that's what you are doing now,'' Davie Democrat Martin Kiar said during the House debate today.

But supporters dispute that the supremacy clause bars the state from allowing people to avoid the individual mandate. "The supremacy clause does not say the feds control the states,'' Melbourne Republican Ritch Workman said.

Supporters also say that even if the proposal ultimately is found to violate the supremacy clause, it would remain in place to protect Floridians from future state health-care requirements. As an example, it would prevent Florida from approving coverage requirements similar to those in Massachusetts.

More broadly, however, Palm Harbor Republican Peter Nehr said it is the Legislature's duty to "step up and reassert the rights of Floridians.''


TOPICS: Breaking News; Constitution/Conservatism; Front Page News; Government; News/Current Events
KEYWORDS: 10thamendment; 111th; bho44; bowelmovement; communism; cwiiping; deathcare; democrats; donttreadonme; fl; healthcare; liberalfascism; libertyordeath; obamacare; optout; rapeofliberty; socialisthealthcare; standdown; tyranny
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To: Genoa

I’ve been reading what Jesus had to say about it...
Luke 21:5 and the parallels in the other Gospels.
Also Matthew 25 - 10 virgins parable.

Matthew 25:13
Therefore keep watch, because you do not know the day or the hour.


141 posted on 04/23/2010 1:34:03 PM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: Travis McGee

Kathleen can stick her opinion where the sun don’t shine....

Can’t understand normal thinking ......polidiot !


142 posted on 04/23/2010 1:36:47 PM PDT by Squantos (Be polite. Be professional. But have a plan to kill everyone you meet)
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To: Genoa

Well, since the Russians, Chinese, Iran and Venezuela are all getting in bed together, I’d say it doesn’t have to be an either or but a combination.

We need a strong president and now. IMPEACH


143 posted on 04/23/2010 1:38:35 PM PDT by justsaynomore
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To: screaminsunshine
Look like Florida never really retired it.
144 posted on 04/23/2010 1:39:51 PM PDT by VanDeKoik (Iran doesnt have a 2nd admendment. Ya s ee how that turned out?)
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To: tutstar

“Sebelius said the backlash against the ACA has been ginned up by “misinformation,” much of it deliberate”

Yes, ~everyone~ is an idiot and you are the only one who can save our sorry asses from our own ignorance Kathy, you narcissistic bitch.


145 posted on 04/23/2010 1:52:44 PM PDT by Rebelbase (Don't think of work as 5 days on, 2 days off. Instead think 4 nights on, 3 off.)
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To: Pessimist

Maybe not. If no tax paying entity in the state of Florida paid Federal taxes to the Feds and instead paid those monies (minus the sum they'd owe for Obamacare) to the state, I wonder if there'd be enough to cover the annual $ the Feds send Florida? The people relying on social security might even be effected if the Feds get really nasty. This is just wool gathering and there are tons of problems to anticipate that it boggles the mind. But I hope someone has given it some thought.


146 posted on 04/23/2010 1:55:35 PM PDT by Natural Born 54 (FUBO x 10)
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To: Spktyr

Well, that saves Texas some time, doesn’t it?


147 posted on 04/23/2010 2:16:40 PM PDT by Natural Born 54 (FUBO x 10)
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First state to secede and the Barnes family is leaving PA.


148 posted on 04/23/2010 2:18:56 PM PDT by Michael Barnes (Call me when the bullets start flying.)
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To: tutstar

If 2/3 of the 57 states are against this then I would guess it would be pretty much dead.


149 posted on 04/23/2010 2:20:38 PM PDT by Raycpa
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To: tutstar

Can’t deny their citizens access to the requirements?


150 posted on 04/23/2010 2:21:27 PM PDT by 9YearLurker
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To: tutstar
And if they do, then what?

Will Zer0 send down goons to take over the state?

F U B O !

151 posted on 04/23/2010 2:26:13 PM PDT by unixfox
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To: 84rules
Where in the Constitution does it say that an HHS Secretary has the power to trump state law when the state is asserting its 10th Amendment rights?

Don't ya know? Zero just wrote it in. . .in crayon.
152 posted on 04/23/2010 2:26:48 PM PDT by mstar
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To: Bokababe
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

The key clause is "in Pursuance thereof".

This means that U.S. laws that are made in violation/contrary to the Constitution are not the supreme law (because an unconstitutional law by definition cannot be the supreme Constitutional law of the land). I think these lawsuits are setting up an unavoidable Supreme Court decision. Most of these State laws against the healthcare purchase mandate specifically reference that the State finds this law to be unconstitutional. This is a circular battle between the States and the federal government until the constitutionality matter is settled.

Whether or not the Supreme Court is the final arbiter of that is another discussion... If rights are inherent, and the Constitution is the duty of everyone to uphold.....?
153 posted on 04/23/2010 2:31:55 PM PDT by rightcoast
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To: Recovering_Democrat

Actually I think they just don’t care what the Constitution says. Remember before the Christmas vote and one of the senators (can’t recall who it was) wanted a vote on discussing the constitutionality of the health care bill? The dems voted NO, they don’t care if it is constitutional or not. This is about an agenda to transform our beloved America into a socialist state.


154 posted on 04/23/2010 2:35:35 PM PDT by tutstar (Baptist Ping list - freepmail me to get on or ...off..)
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To: Hodar

Frankly, Scarlet they give a ______


155 posted on 04/23/2010 2:38:04 PM PDT by tutstar (Baptist Ping list - freepmail me to get on or ...off..)
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To: 668 - Neighbor of the Beast

Mar 20, 2010 ... Alcee Hastings: “We Just Make Up the Rules as We Go Along””


156 posted on 04/23/2010 2:39:56 PM PDT by tutstar (Baptist Ping list - freepmail me to get on or ...off..)
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To: bitterohiogunclinger

AMEN!!


157 posted on 04/23/2010 2:40:43 PM PDT by tutstar (Baptist Ping list - freepmail me to get on or ...off..)
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To: rightcoast
under the Authority of the United States,

is more on point. Does the US have the authority to enforce this law?

158 posted on 04/23/2010 2:41:44 PM PDT by Raycpa
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To: MrB

It’s going to get messier too if they go passing more of the garbage that they’re working on.

If the cap and tax goes through they will be invading our homes to inspect our light bulbs. That’s no joke either!


159 posted on 04/23/2010 2:42:40 PM PDT by tutstar (Baptist Ping list - freepmail me to get on or ...off..)
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To: FlingWingFlyer

Exactly! You said it!


160 posted on 04/23/2010 2:43:15 PM PDT by tutstar (Baptist Ping list - freepmail me to get on or ...off..)
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