. The Healthcare Freedom Act is a state constitutional amendment. It would amend the West Virginia Constitution to protect the rights of individuals to make their own healthcare choices.
Under the Healthcare Freedom Act, any state attempt to require an individual to purchase health insurance-or forbid an individual from purchasing services outside of the required health care system-would be rendered unconstitutional. The measure may also cause a federalism clash if Congress passes a law with either of these provisions.
“It is important we protect your freedom to buy the healthcare you want without the threat of punishment from the government. The radical actions of President Obama and the Democrat Congress on healthcare over the past year lets us know our healthcare freedom is under attack in this country,” stated Delegate Jonathan Miller, the lead sponsor of the Healthcare Freedom Act.
“When the federal government fails to protect your freedom, states must act. This legislation will protect your healthcare freedom by stopping the federal or state government from destroying it through mandates or government-run systems.”
Co-sponsoring the constitutional amendment with Delegate Miller are 9 Republicans (Delegates Blair, Cowles, McGeehan, Shott, Andes, Carmichael, Armstead, Border, and Duke) and 1 Democrat (Delegate Hall).
The American Legislative Exchange Council, or ALEC, is coordinating the nationwide effort behind the Healthcare Freedom Act.
"Massachusetts enacted its disastrous individual mandate to thunderous bipartisan applause, and now leaders in Congress are set to wreak the same havoc on the rest of America. Today, West Virginia is standing up to say 'no' to these assaults on patients' rights," said Christie Herrera, director of ALEC's Health and Human Services Task Force,
"States have the power to grant greater individual liberty protections than the U.S. Constitution allows. This battle has been fought by states in recent years, and states have won. So, this effort to protect your healthcare freedom from destruction by the federal government is constitutionally sound,” added Delegate Miller.
The Republican from Berkeley County concluded, “Ultimately, this is a civil liberties issue. No matter what your thoughts are on healthcare reform, conservatives and liberals, Democrats and Republicans, we all should be able to come together to protect an important individual liberty-your healthcare freedom.”
The Healthcare Freedom Act, or legislation similar to it, has already been filed or pre-filed in 29 states-Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Virginia, Washington, and Wyoming. Lawmakers in an additional five states-Kansas, Montana, North Carolina, Rhode Island, and Utah-have publicly announced their intentions to file the legislation. A citizen-led initiative has also been announced in Colorado. Arizona's measure, which passed the legislature last June, will be put before voters there on the November ballot.
For more information about the Healthcare Freedom Act, please visit Delegate Jonathan Miller’s website at
