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10100949D
1 HOUSE BILL NO. 10
2 Offered January 13, 2010
3 Prefiled December 7, 2009
4 A BILL to amend the Code of Virginia by adding a section numbered 38.2-302.1, relating to a person's
5 participation in a health care system or plan; Virginia Health Care Freedom Act.
6 ––––––––––
Patrons––Marshall, R.G., O'Bannon, Athey, Carrico, Cole, Cox, J.A., Cox, M.K., Edmunds, Garrett,
Gear, Gilbert, Greason, Howell, W.J., Johnson, Jones, Landes, Lingamfelter, Miller, J.H., Morgan,
Nixon, Oder, Pogge, Tata and Wright; Senators: Martin and Stuart
7 ––––––––––
8 Referred to Committee on Commerce and Labor
9 ––––––––––
10 Be it enacted by the General Assembly of Virginia:
11 1. That the Code of Virginia is amended by adding a section numbered 38.2-302.1 as follows:
12 § 38.2-302.1. Virginia Health Care Freedom Act.
13No law shall restrict a person's natural right and power of contract to secure the blessings of liberty
14 to choose private health care systems or private plans. No law shall interfere with the right of a person
15 or entity to pay for lawful medical services to preserve life or health, nor shall any law impose a
16 penalty, tax, fee, or fine, of any type, to decline or to contract for health care coverage or to participate
17 in any particular health care system or plan, except as required by a court where an individual or entity
18 is a named party in a judicial dispute. Nothing herein shall be construed to expand, limit or otherwise
19 modify any determination of law regarding what constitutes lawful medical services within the
20 Commonwealth.
.
Right now, the Senate is considering passage of a dangerous hate crimes bill. Sen. Harry Reid, in a dishonest manuever, has attached this bill as an amendment to S. 1390, the National Defense Authorization Act for Fiscal Year 2010. Believing that Senators will not vote AGAINST funding the Defense of the Nation, Sen. Reid knows that they will be voting to destroy the 1st Amendment instead.
Arthur Salm: Health care – It’s in the Constitution By Arthur Salm, SDNN Monday, August 24, 2009 “I think health care is a privilege. I wouldn’t call it a right.” – Sen. Jim DeMint (R-S.C.) Arthur Salm is an SDNN columnist. Slavery used to be cool, and that was even before cool was cool. In fact, slavery was beyond cool — it was something people didn’t think about one way or the other, because there was no “other.” San Diego: sdnn-opinion35 Just a few hundred years ago, just about everywhere, slavery was an accepted part of life, like families and work and the sun coming up in the morning and the Padres trading away franchise players. Not even slaves were anti-slavery: Any of them fortunate enough to be freed, and then to become prosperous, would just naturally get himself a slave or two or ten. That was the way people were. That was the way people thought. Two hundred years ago, nearly half a century after this country’s founding, education was for the relatively few children whose families could afford to send them to private schools — which were the only schools. It certainly wasn’t the government’s business to educate its citizens. That was the way we were. That was the way Americans thought. Today, the acceptance of slavery is all but unimaginable. Literally: unimaginable. So radically have our values shifted that it’s all but impossible to empathize with a slaveholder, to put one’s self into his mindframe and say, “All right, I see that. I may not agree with it, but I can kind of understand where he’s coming from.” It’s beyond our ken. Likewise the notion that we bear no responsibility, as a society, to educate our children. Self interest plays a part, of course — a modern technological civilization requires an educated citizenry — but it goes further and deeper than that. We now agree that spending public treasure on sending kids to school is a moral imperative. Every child, we are convinced — we know — deserves an education. So our values change, and change (from our point of view, at least) for the better. A lot of things people stood by and fought for, or, more telling, didn’t think about but simply accepted as given, are now alien concepts, consigned to the “Omigod-people-used-to-be-so-cruel” corner of history’s overflowing dustbin. One of the values now undergoing transition involves health care. Sen. Jim DeMint (R – South Carolina), quoted above, maintains that it’s a privilege. That is to say, no one deserves it; it has to be earned, or, more likely, bestowed upon you because your family has the means to do so. Or, if you’re lucky enough to ping on the radar of a (privately run) charity, maybe an occasional checkup and some prescription-drug handouts will come your way. See related from Arthur Salm: Health care in Canada — they’re not dying by the millions | Insurance companies terrified by the public option | Let’s make HMOs disappear People in every other western industrial nation don’t see it like that. They have decided that all their citizens deserve health care; it has become, in their view, a right. It didn’t used to be, but it is now. Values, remember, change. We Americans haven’t come that far yet, but we’re en route — and we even have the backing of the Founders on this one. The language is there, and has always been there, but it is coming to mean something different, something more, something better. Take this from the Preamble to the Constitution (my italics): ” … establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare … And this, from the Declaration of Independence (again, my italics): “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” In this day and in this age, the government’s — that is to say, our — charge to promote the general welfare, coupled with every man’s (and woman’s; another value change) right simply to live, more than implies a right to health care – it demands a right to health care. Throw in the pursuit of happiness as a kicker — can’t be happy if you’re sick as a dog, or dead as one — and it’s something we shouldn’t even be talking or thinking about; it’s something we should know. I deserve good health care, you deserve it, your kids deserve it, people you don’t know and never will know deserve it. Everyone deserves it. That means good care, real care, not a last-minute, desperate trip to the ER. Brian Johnston, chief of emergency services at White Memorial Medical Center in Los Angeles, wrote in the L.A. Times last Saturday about what he sees there: ” … a 47-year-old laborer, with untreated high blood pressure, dying from a cerebral hemorrhage. A woman in her 40s complaining of feeling ‘lousy,’ unaware that her blood pressure is extremely high and that her kidneys are destroyed. An elderly widow is brought in severely dehydrated and comatose, with a blood sugar level over 800. Medi-Cal had switched her over to a ’share of cost’ program, which forced her to choose between paying her rent or taking her medicine. She’d chosen to pay the rent.” Senator DeMint and others opposing universal national health care may be okay with what happened to these people. Health care, they believe, is a privilege; it’s not available to everyone; that’s just the way it goes. But the Declaration of Independence and the Preamble to the Constitution, as read and understood through modern sensibilities, say otherwise. Those ER patients’ rights as Americans were violated. Our rights are being violated. May we soon hold these truths to be self-evident.
Originally posted by davesidious
reply to post by BeastMaster2012
The ridiculous thing is what the rich don't pay by supporting poorer people's health care they more than pay by a crippled economy when people go bankrupt through paying medical bills. It's greed of the most short-sighted nature.
This is like a slave forced to pick fruit out of the fields and forbidden to eat any of it because it all goes to the master.
Leave me and my labor alone.
Originally posted by brainwrek
Nothing in the Constitution authorizes public funds to be spent on healthcare, or any other form of "social assistance".
In fact, even the man nicknamed the "Father of the Constitution" had this to say:
"I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." - James Madison criticizing an attempt to grant public monies for charitable means, 1794 "