◼ South Carolina and Montana are also expected to enact similar legislation.
HB 707 declares, “The assumption of power that the federal government has made by enacting the federal Patient Protection and Affordable Care Act of 2010 interferes with the right of the people of the State of Georgia to regulate health care as they see fit and makes a mockery of James Madison’s assurance in Federalist No. 45 that the ‘powers delegated’ to the federal government are ‘few and defined,’ while those of the states are ‘numerous and indefinite.’”
◼ Obamacare Showdown: Missouri Bill to Gut Obamacare, Ban Penalties, Ban Healthcare Exchange; How Would Obama Respond?
If enough states act, we are on the way to a constitutional showdown over Obamacare. ◼ The Washington Times reports Missouri bill would gut Obamacare
Next month, the Missouri Senate will consider a bill which would effectively cripple the implementation of the Affordable Care Act within the state.
Following the lead of South Carolina, where lawmakers are fast-tracking House Bill 3101 in 2014, and Georgia, where HB707 was recently introduced by Rep. Jason Spencer, Missouri State Senator John T. Lamping (R-24) pre-filed Senate Bill 546 (SB546) to update the Health Care Freedom Act passed by Missouri voters in 2010. It passed that year with more than 70% support.
SB546 would ban Missouri from taking any action that would “compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system.” That means the state would be banned by law from operating a health care exchange for the federal government.
The bill also proposes suspending the licenses of insurers who accept federal subsidies which result in the “imposition of penalties contrary to the public policy” set forth in the legislation. Since it is unlikely that any insurer would then accept a subsidy, not a single employer in the state could be hit with the employer-mandate penalties those subsidies trigger.