Tuesday, February 02, 2010
State senate defies health care reform
Senators approved a bill that Virginians cannot be required to buy health insurance.
General Assembly 2011
Among the major issues: The state's continuing efforts to provide services with fewer dollars and Gov. McDonnell's plan to privatize liquor stores. Session ends Feb. 26.
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RICHMOND -- The Virginia Senate took a stand against a key provision of a proposed federal health care overhaul Monday, passing legislation declaring that state residents cannot be forced to buy health insurance.
The legislation targets the so-called "individual mandate" provision that could be part of a health care reform package being shaped by Congress. The Democratic-controlled state Senate passed three identical bills by votes of 23-17, with five Democrats joining the chamber's 18 Republicans in support of the measures.
Sponsors of the legislation questioned the constitutionality of federal proposals that would require individuals to purchase insurance or be subject to a penalty. Senate Bills 283, 311 and 417 state that no Virginian can be forced to purchase health insurance, even if coverage is provided by the person's employer.
"This is not a bill that deals with health care; it is a bill that attempts to reinforce the Constitution of the United States," said Sen. Frederick Quayle, R-Suffolk, who is sponsoring one of the bills. "Never in the history of this country has the Congress mandated that all citizens of the United States purchase anything."
But Gov. Bob McDonnell, a Republican who supports the intent of the Senate bills, said a federal health care law likely would override any legislation passed at the state level.
"It probably would, because if they [Congress] put in a supremacy clause or a federal pre-emption clause in there, in any federal health care legislation that passed, it certainly might affect any state statute," said McDonnell, a former state attorney general.
McDonnell made it clear that he would not support a federal health care bill that includes a public option, cuts Medicare, increases state Medicaid costs or "undermines the ability of states to be able to control their own health care plans."
But, McDonnell told reporters shortly after the Senate vote: "Until the federal government makes a final decision on what, if any, health care reform they're going to pass, I think it's hard to say what impact there will be in Virginia."
Supporters of the legislation said the bills should send a signal to Washington as Congress continues to wrestle with health care reform.
"Virginians are sending a powerful message to Washington, rejecting the approach of too much central government control of medical decision-making," said Sen. Jeff McWaters, R-Virginia Beach.
McWaters said his constituents would accept "some degree of incremental market-based health care reform" but oppose "a comprehensive government takeover of the system that does not effect the core changes required."
The Senate bills now go to the Republican-controlled House of Delegates, where similar legislation has been filed.
The Senate Democrats who supported the bills are Charles Colgan of Manassas, Edd Houck of Spotsylvania County, John Miller of Newport News, Phillip Puckett of Russell County and Roscoe Reynolds of Henry County.
"There's a good deal of uncertainty among the people I represent" about federal health care reform proposals, Reynolds said.
Opponents of the Senate bills warned that the measures could have unintended consequences. Sen. John Edwards, D-Roanoke, raised the possibility that the bills could undermine court orders in divorce and child custody proceedings in which a party is required to provide health insurance.
Other Democrats argued that any federal mandate would trump state law. And they questioned whether a debate over uncertain federal legislation was a good use of the General Assembly's time in a year when the state has a severe budget crisis to manage.
"We are legislating in theory, and if we want to continue to do that and then tell our folks back home we're accomplishing great things, that's a wonderful thing to do," said Sen. Creigh Deeds, D-Bath County. "We're here to solve problems. We're here to revive the economy. We're here to close the budget gap. This legislation does none of that."
