The state House of Representatives on Monday night voted by a 70 to 27 margin for final passage of the Tennessee Health Care Freedom Act.
The legislation, sponsored by Rep. Terri Lynn Weaver (R—Lancaster), provides that every person within Tennessee is free to choose or decline any mode of health care services without penalty or punishment from the government.
Additionally, it ensures that Tennessee officials will be prohibited from interfering with the health care insurance decisions of every Tennessean, sponsors said.
Rep. Weaver said, “This is a great victory for those of us who still believe the Constitution matters. It is a victory for those of us who believe in individual rights and personal responsibility.
“By passing this legislation, Tennessee joins many other states in turning away from the extreme moves coming from Congress. I believe this bill sets a precedent for states finally beginning to protect their citizens from a federal government that taxes too much, controls too much, and regulates too much. More importantly, this bill allows us to save valuable jobs because Tennessee businesses will not have to bear the burden of onerous regulations that would have caused them to shoulder unbearable costs and shed workers.
“Tonight, with one voice that has been a long time coming, Tennessee tells Washington, ‘no’.”
The Senate passed the bill in February by a bipartisan vote of 21-10. HB 0115 (SB 79) will now proceed to Governor Bill Haslam for his signature.
House Leader Gerald McCormick said, “This legislation strikes back at the fundamental problem our country faces when it comes to job growth: A federal government that would rather shovel burdensome regulations onto the backs of our businessmen and women instead of encouraging economic development by cutting regulations and cutting taxes. Tonight, I am proud to say Tennessee stands firmly on the side of job creation in the private sector by fighting ObamaCare and the job-destroying regulations it creates.”
House Caucus Chairman Debra Maggart added, “Tonight, the Republican majority kept a key promise we made in the fall: We will fight for the jobs of Tennesseans, especially when they are threatened from Washington. Our majority is focused on creating an environment where job growth is a lasting reality for Tennesseans. We have taken a strong first step to ensure that happens with the passage of the Tennessee Health Care Freedom Act.”
The Tennessee Center for Policy Research (TCPR) applauded the House action, saying, "once signed by the governor, the act will safeguard Tennesseans from the unconstitutional federal healthcare law that has become notoriously known as ObamaCare.
"The Health Care Freedom Act protects the right of Tennesseans to participate or not in any healthcare system, and prohibits the government from imposing fines or penalties for that decision. It also protects the right of individuals to purchase—and the right of doctors to provide—lawful medical services without government fine or penalty."
“This is a very important day for Tennesseans, as the date draws near that the federal government will force them to purchase health insurance,” said TCPR president Justin Owen. “This new law will provide Tennesseans with additional recourse against what two federal judges have already ruled to be an unconstitutional mandate. We were honored to have played a role in securing this protection for our fellow citizens.”
Tennessee joins Virginia, Idaho, Arizona, Georgia, Louisiana, Missouri, and Oklahoma as the first eight states to pass a law or constitutional amendment "protecting the healthcare choices of their citizens."
“It’s refreshing to see Tennessee lawmakers take a stand against the unconstitutional federal healthcare mandate,” said Christie Herrera of the American Legislative Exchange Council, the main proponent of this and similar legislation across the nation. “We thank the General Assembly for addressing this important issue before the true implications of ObamaCare hit home.”
However, the Tennessee Health Care Campaign, a non-partisan patient advocacy organization, hit the action.
Beth Uselton, executive director said the legislation "is a distraction from the larger problems in our health care system. This bill which seeks to reject aspects of the new health care law does nothing to help solve the problems it addresses. We still have hundreds of thousands of neighbors who lack affordable access to health care or have been denied coverage because of a pre-existing medical condition. The Patient Protection and Affordable Care Act will address both of these problems by banning pre-existing condition exclusions and providing tax credits to help people afford coverage. Attempting to pass state laws that reject provisions of the federal law are a distraction from the real problems Tennessee families are facing.”
Chris Coleman, an attorney with the Tennessee Justice Center, a non-profit public interest law firm, said the state law would have no real effect on implementation of the Affordable Care Act. “Under the U.S. Constitution, laws passed by the U.S. Congress are the supreme law of the land, notwithstanding anything in the constitution or laws of any state. This means that the Affordable Care Act, much to the dismay of its critics, is the supreme law of the United States and preempts any contrary state law. If the legislature believes the ACA is unconstitutional, then it may try to convince the Attorney General to join one the several lawsuits challenging the ACA. What it cannot do is nullify a duly enacted federal law in Tennessee. As a legal matter, this is not even close.”
Ms. Uselton said, "I believe that the Affordable Care Act, not partisan politics, will ultimately prevail. Those who seek to block implementation of the law or delay its benefits are playing politics with the lives and livelihoods of their own citizens. The new health care law is working for families across Tennessee who now have the peace of mind that their children can no longer be denied care or coverage because of a pre-existing condition. Small businesses are now getting tax credits to help them provide health insurance to their employees the way their large competitors do. Medicare beneficiaries are now getting free preventive care and discounts for their prescriptions when they fall into the dreaded 'doughnut hole.'
"Patients with chronic conditions no longer have to worry that they will exhaust the coverage they’ve paid for or be dropped from their insurance because they got sick. In a reformed health care system where everyone participates and takes responsibility for their own health care, we can actually reduce costs, expand coverage and improve the quality of care. But we have to get past political posturing and start working together to implement real solutions to the problems facing Tennessee families.”