State Lawmakers Seek Legislative Solutions to Health Care Reform Mandates

Some Republican legislators are looking into ways to sidestep a federal health care reform effort that mandates insurance coverage, a proposal that could lead to the possibility of a single-payer system.

Specifically, lawmakers in eight states have filed a resolution or bill that would limit, alter or oppose a single payer mandate or mandates requiring individuals or employers to buy insurance.  Supporters hope their proposals will lead to state constitutional amendments, said Richard Cauchi, spokesman for National Conference of State Legislatures. Four other states have discussed taking similar action.

However, the efforts may be moot, even if voters approve the measures. Like the Employee Retirement Income Security Act (ERISA) and Health Insurance Portability and Accountability Act (HIPAA) laws, legal experts say federal health care reform would supersede any state law.

Even if a federal law allows some exemptions, the states must still comply with federal regulation, said Loyola University Chicago Law Professor John Blum. “Even then, states would have to meet federal standards.”

Blum said it’s ironic that state lawmakers are considering looser standards for health insurance, when large corporations traditionally have turned to less restrictive federal ERISA laws for relief from state laws.

The movement by states to try to stave off federal mandates for health care coverage began with actions taken by Arizona lawmakers who passed, along party lines, Resolution HCR 2014 in June, which will appear on the November 2010 ballet.  

That prompted lawmakers in Florida, Indiana, Minnesota, New Mexico, North Dakota, West Virginia and Wyoming to propose their own constitutional amendments.  While the language differs, they share a similar goal, “to block a single payer provision and a requirement that individuals or employers would have to purchase insurance,” Cauchi said.

The bills either died in committee or do did not pass by the end of the session in six of the eight states.  But some lawmakers in Kansas, Louisiana and Georgia told the Associated Press that they plan to file similar proposals despite steep odds of winning enough votes among their state lawmakers and voters, who won’t be able to vote on any ballot proposals before 2010, Cauchi said.

Pass or fail, the proposals may benefit politicians seeking re-election by a constituency opposed to health care reform that mandates individual mandates or a public option. However, such proposals could affect their relationship with small businesses, Blum said.

“Some small businesses might be relieved there is some federal guidance they can follow,” he said.