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.''
Supreme Court to 'top U.S. health official': "Opt this, beyyotch."
This is an entirely different situation, involving a law that the Federal government does not seem, in any way, shape or form, to have the authority to impose on the states. This is a reassertion of the Constitution, not a violation of it; the Constitution provided for federalism, not a unitary state.
You f-ing idiot, you wouldn't know the Constitution if it bit you in the ass.
GOD I HATE THESE PEOPLE!
Sebelius didn’t read. The bill won’t prevent Floridians from having access to the “new” health care, it just allows Floridians to opt out if they wish. They can still opt in.
I can’t see the SC ruling against free choice.
If you don’t know how to knit, learn.
That’s right, we all knew this was going to happen.
When this finally does come to push and shove it is ironic that it will be the mirror image of the Civil War. The federal government will attempt to enforce slavery on the producers and shore up the rights of the moochers. What kind of a moral clarion call is that?
States can’t defy federal laws? But if Philadelphia wants to deny its citizens the RKBA as written in plain English in 2A....why that’s a horse of a different color!
and California Week law....totally defies federal law
“..but they don’t get to opt out all of their citizens who want and need health care,”
Fair enough. Those who want it can sign right up.
It’s unrealistic to think that each state can decide how much federal authority it will tolerate within its borders. Ain’t gonna happen. The Congress itself can change the law, or the federal courts can overturn it. Ultimately, the voters can Just Vote Them Out.
“Won’t be permitted”? By whom? All those newly armed IRS agents?
We sure don’t.
“Civil War redux on the horizon, perhaps?”
One can always dream!
Problem is, the states are way too dependant on the feds as it is. All uncle sugar has to do is withould the funds for a while, and they’ll quickly fall in line.
I think the state know that too. This is just showboating on their part.
“DOWN WITH LIBERTY!”
“DOWN WITH RESPONSIBILITY!”
U.S. Says Florida Can’t Opt Out of Federal Healthcare
More like an “Appointed BO Admin flunky Says Florida Can’t Opt Out of Federal Healthcare”
Sebelius is a notorious abortion lover, a close friend of the former Killer Tiller. I presume that’s why Hussein chose her as his Health Czar.
Abortion=Health, in their way of thinking. Nothing could be more important to your health than killing babies.
I don’t see where the conflict is....
Fla says you cannot force all of our residents to opt in...and Sebelius is saying Fla can’t prevent it’s residents from opting in.
“..in favor of a loose, and not very durable, confederation of states. Is that really what we want? “
Count me as a YES on that.
This Czarist regime considers the utterances of the oligarch’s agents as equal to Constitutional, didn’t ya know?
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