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September 27, 2010

Health care reform to be challenged

By Trevor Brown CNHI

OKLAHOMA CITY — If voters approve State Question 756 in November, Oklahoma could join more than 20 other states battling to overturn part of the federal health care reform law.

SQ 756 would prohibit mandates that residents or employers participate in a health care system. The proposal, which will be on the Nov. 2 general election ballot, is a direct response to the health care overhaul President Barack Obama signed into law in March. But legal experts and SQ 756 critics argue passage would do nothing more than create a court challenge.

Andrew Spiropoulus, an Oklahoma City University law professor who directs the school’s Center for the Study of State Constitutions Law and Governments, said the federal law would supersede any changes done at the state level.

“It could make it harder (to implement),” he said of the federal law that requires most Americans to purchase health insurance starting in 2014. “But the federal government would just go around by doing it themselves. When you have a state law that does not obey the federal law, the federal law is going to trump it.”

However, some lawmakers hope approval of the state question will cause Oklahoma to join states challenging the legality of the health care bill. Twenty state attorneys general filed a lawsuit shortly after the bill passed arguing the legislation is unconstitutional. Virginia is pursuing a separate case. Oklahoma Attorney General Drew Edmondson opted to not bring Oklahoma into the legal battle.

Gov. Brad Henry vetoed a bill last session that would have authorized the state to hire a lawyer to fight the constitutionality of the health care package.

Rep. John Enns, R-Enid, said Oklahoma joining the legal challenge would increase the likelihood the health insurance mandate eventually will be overturned. With more support, he said, courts will determine the federal government is exceeding its authority.

“The federal government should not be in the business of providing health insurance, and they should not be mandating that you have health insurance,” he said. “To me, having health insurance is a privilege and not a right.”

Dr. Sharon Zang, chief executive officer of Northeastern Oklahoma Community Health Centers, said more than 600,000 Oklahomans are uninsured and many more are underinsured. She said with such a critical need for care, opting out of the health care program would be a step backward.

“At my level, I see people with needs all the time,” Zang said. “They have health conditions, injuries and illnesses, and they have a hard time accessing health care.”

Zang said having the state opt out would be silly because the federal government, rather than the state, largely is covering the costs. She said many medical professionals agree the old health care system was flawed, and the reform goes a long way in addressing the problems.

The resolution that put the state question on the ballot overwhelmingly cleared the Legislature last session. It passed 88-9 in the House and 30-13 in the Senate.

Rep. Wallace Collins, D-Norman, said he opposed the measure because he views it as a distraction and a political ploy. Collins said he worries it will cause the state to spend money on a “frivolous lawsuit.”

“Why would we waste money on something that is clearly unconstitutional when we could go help the mentally ill or help retain state services?” he said. “I believe it is just politically motivated and is being used mainly for campaign fodder.”



Brown is CNHI News Service Oklahoma reporter.

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