ALEC’s Freedom of Choice in Health Care Act—modeled on the language of Arizona Proposition 101 (2008) and Arizona Proposition 106 (2010) —protects the rights of patients to pay directly for medical services, and it prohibits penalties levied on patients for failing to purchase health insurance.
ALEC’s Freedom of Choice in Health Care Act, if passed by statute, can provide a state-level defense against ObamaCare’s excessive federal power. Particularly, the measure can provide standing to a state participating in current litigation against the federal individual mandate; allow a state to launch additional, 10th-Amendment-based litigation if the current lawsuits fail; and empower a state attorney general to litigate on behalf of individuals harmed by the mandate once it goes into effect in 2014.
If enacted as a constitutional amendment, ALEC’s Freedom of Choice in Health Care Act will not only help defend against the federal individual mandate as indicated above, but it will also prohibit a Canadian-style, single-payer system, which legislators in some states have been advocating even before ObamaCare. And if ObamaCare is repealed, it will also prevent a state-level requirement to purchase health insurance.