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Smart Voter
State of Ohio November 8, 2011 Election
Issue 3
to Preserve the Freedom of Ohioans to Choose Their Health Care and Health Care Coverage
State of Ohio
Proposed Constitutional Amendment - Majority Approval Required

Pass: 2,268,470 / 65.58% Yes votes ...... 1,190,385 / 34.42% No votes

See Also: Index of all Issues
Information shown below: Impartial Analysis | Arguments |

PROPOSED BY INITIATIVE PETITION TO ADOPT SECTION 21 OF ARTICLE I OF THE CONSTITUTION OF THE STATE OF OHIO

The proposed amendment would provide that:
1.In Ohio, no law or rule shall compel, directly or indirectly, any person, employer, or health care provider to participate in a health care system.
2.In Ohio, no law or rule shall prohibit the purchase or sale of health care or health insurance.
3. In Ohio, no law or rule shall impose a penalty or fine for the sale or purchase of health care or health insurance.

The proposed amendment would not:
1.Affect laws or rules in effect as of March 19, 2010.
2.Affect which services a health care provider or hospital is required to perform or provide.
3.Affect terms and conditions of government employment. 4
4.Affect any laws calculated to deter fraud or punish wrongdoing in the health care industry.

If approved, the amendment will be effective thirty days after the election.

SHALL THE AMENDMENT BE APPROVED?
YES
NO

Impartial Analysis from League of Women Voters of Ohio
Explanation: The amendment would add a section to Ohio's Bill of Rights exempting Ohioans from the requirement that individuals purchase a minimum amount of health insurance coverage (individual mandate). The requirement is found in The Patient Protection and Affordable Care Act (PPACA), a federal law passed March 19, 2010. The amendment would also apply to any similar federal, state or local law requiring participation in health insurance or a health care system. It would not apply to any law or rule in effect as of March 19, 2010. This would include health insurance coverage such as Medicare, Medicaid, workers' compensation, Social Security Disability, veterans' programs as of that date. Generally, a state law, or a state constitutional provision, cannot overrule a federal law. The PPACA is currently being challenged in federal court as violating federal law. The provision exempting Ohioans from PPACA would likely have little or no effect on that challenge. However, if passed, the amendment could have a direct impact on any Ohio law (state or local) with an effective date after March 19, 2010. Ohioans would be exempted from any requirement imposed by the Ohio legislature, or by any of Ohio's counties or cities, which would require individuals to purchase health insurance. It is unclear how far that might extend and what the impact would be on such issues as workers' compensation, Medicaid, or health services operated by the state such as clinics at state universities.

   Official Information

The State of Ohio

Secretary of State Ballot Board Reports for Issue 3 Nonpartisan Information

League of Women Voters

News and Analysis

Google News Search

WVXU 91.7 FM (Cincinnati) General Links

In support of the proposed amendment

In opposition to the proposed amendment
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Arguments For Issue 3 Arguments Against Issue 3
1. The freedom from being forced to purchase government-defined private health insurance is a fundamental right that should be embodied in the Ohio Bill of Rights.

2. Government must be prohibited from passing laws requiring purchase of health insurance coverage.

3. Ohioans should be able to vote on whether they want to be covered by government-defined health insurance.

1. Without required participation the entirety of the PPACA might be declared to be unconstitutional. Some consequences would be that insurance companies could continue to exclude people, including children, with preexisting medical conditions from getting health insurance coverage, and continue to impose annual and lifetime caps on health care coverage.

2. Exempting Ohioans from requirements of a federal law violates the U.S. Constitution and should be struck down by the Courts.

3. Changes the Ohio legislature has made to health insurance coverage since March 19, 2010 as well as future changes would be invalid. This would include needed changes to Medicaid, workers' compensation, and student health insurance.

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Created: January 20, 2012 12:04 PST
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