Amendment 63 – Health Care Choice

This amendment is pushback against the federal health care legislation that recently passed and is starting to go into effect. Amendment 63 would forbid the state of Colorado from requiring anyone to have health insurance, from punishing anyone who refuses to get health insurance and from prohibiting anyone from getting private health insurance. Any federal obligations, punishments or prohibitions would still be in place. The stated purpose of the federal mandates and punishments is to decrease the overall cost of health care in our society. One can argue whether the version of federal legislation actually enacted is likely to succeed or not.

There is currently a lawsuit filed by over a dozen attorneys general (including Colorado’s) challenging the federal legislation. The lawsuit is considered unlikely to succeed, but if it does and this amendment passes, Colorado would be prohibited from setting up some types of health care systems. The Massachusetts model is frequently cited as an example of one type that would be prohibited under this law.

Arizona, Oklahoma and Missouri have proposals similar to Amendment 62 on their ballots. Attempts in Indiana, Minnesota, North Dakota, Wyoming, Georgia, and New Mexico to get a similar measure on their ballots failed.

Recommendation: NO

This amendment makes no changes to current law. This is an anticipatory amendment trying to make a statement. Our constitution is already overloaded. Embedding a partisan fight in the constitution is not an appropriate use of the paper that the constitution is printed on. The Colorado Revised Statutes is a more appropriate place to carry on such fights. Or let the legislature do the job they are elected to do and consider the best options for Colorado.


Website for the Yes side (Health Care Choice for Colorado)
http://www.amendment63.org/

Website for the No side (Colorado Deserves Better)
http://coloradodeservesbetter.com/


Approved Ballot Language

Amendment 63 (CONSTITUTIONAL)

Shall there be an amendment to the Colorado constitution concerning the right of all persons to health care choice, and, in connection therewith, prohibiting the state independently or at the instance of the United States from adopting or enforcing any statute, regulation, resolution, or policy that requires a person to participate in a public or private health insurance or coverage plan or that denies, restricts, or penalizes the right or ability of a person to make or receive direct payments for lawful health care services; and exempting from the effects of the amendment emergency medical treatment required to be provided by hospitals, health facilities, and health care providers or health benefits provided under workers' compensation or similar insurance?

Yes _____ No _____


Full text of Amendment 63
CO Constitution, Article II, Section 32 (new)
Right to Health Care Choice
http://www.sos.state.co.us/pubs/elections/Initiatives/filings/09-10/Original45-0910.pdf