Frequently Asked Questions about the Health Care Freedom Amendment

1. Why is the Resolution necessary?
This Resolution makes explicit the individual right to health care free choice. We need to take this step because while changes to our health care system need to be made, it should not be done under the hammer of the federal government. The ever-increasing encroachment of individual and States’ Rights by the Federal Government is astounding, the federal government is obliterating our right as a sovereign to determine how best to govern our state.

2. Why is this Resolution important to every resident of Kansas?
The Resolution ensures that every resident of Kansas will forever retain the right to free choice in health care, including the ability to refuse onerous federal insurance programs with its mandates, controls, and intrusions on decisions that should only be made between individuals and their physicians or other health care providers. Without this Resolution Kansas residents could be at the mercy of a distant, unaccountable federal agency for making their health care decisions.

3. Will this Resolution halt the Federal Government takeover of health care?
This Resolution will limit Federal restrictions placed on Kansas residents and Health Care Providers, and ensure health care free choice for Kansans. The Federal government is powerful and controlling and this Resolution will limit the actions taken in Washington and how they affect Kansas residents. It is very likely that any federal health insurance mandate will undermine the private health insurance industry nationally, which could impact Kansas-based health insurance providers. Loss of private insurers in Kansas will be devastating to the health care of Kansas residents. Our legislators in Washington are the people that need to stop Federal takeover of health care.

4. Can the Federal Government force us into their health insurance and rationing programs?
Yes. The Federal Government could outlaw, ration, regulate, or severely limit our health care options, including private health care options. The purpose of this Resolution is to prevent the Federal Government from forcing Kansas residents to comply with its mandates and regulations.

5. Will this Resolution prevent Kansas residents from opting into Federal health insurance and other programs?
No. Any Kansas resident can opt into Federal programs if they so choose (at their own risk!!!), but this Resolution gives them control and ability to refuse Federal programs at any time. This Resolution will ensure that Kansas residents always retain the right of free choice in health care, including the ability to opt out of Federal programs at any time in the future without reason or justification to Federal authorities.

6. Will this Resolution protect our health history and related personal information?
Yes. Many people are concerned about how federal health boards and agencies will use our personal and family health history, pre-existing conditions, and genetic profiles, especially when it comes to rationing or restricting treatments. This Resolution ensures that you retain the right of free choice to refuse Federal mandates that require you or your Health Care Provider to input your personal health and related information into national or other databases. While some may argue that ease of access to your personal information could help you and your health care provider, this is one area that is also subject to much abuse because the Federal government and its agencies are distant and unaccountable.

For good reason many people have concerns about providing their personal and health care information to the Federal Government, its agencies, and other institutions, because of possible misuse or abuse. If you think their concerns are unfounded or paranoid, then consider that fact that fellow America Citizens of Japanese descent were sent to internment camps by the Federal Government during World War II. The way the Federal Government was able to track down the Japanese-Americas was through Census records, which the Federal Government told us would never be used for anything other than counting the population.

7. Will this Resolution provide health care insurance or free health care?
No. This Resolution does not provide health insurance or heath care, but it will keep your options open and give you free choice in health care. It does not change current private health care options and choices.

8. Will this Resolution change my Employer-provided insurance, my own self-paid insurance program, or Medicare / Medicaid, or other options?
No. It only provides you with free choice in health care and ability to opt out of any federally mandated programs, controls and mandates.

9. Will this Resolution increase my taxes?
No. This Resolution requires no funding and your taxes will not increase as a result of passing this Resolution. This Resolution simply reaffirms your right to free choice in health care now and into the future.

10. Does this Resolution address tort reform?
No. This Resolution does not address tort reform. Kansas addressed tort reform to a large part several years ago and has a cap on non-economic damages. However, Kansas could do more about this subject in other legislation.

11. On what basis are our health care freedoms protected?

Inalienable and Inherent Rights

  • All Kansans have Inalienable Rights as defined in the Declaration of Independence, including self-evident Creator endowed rights of “Life, Liberty, and the Pursuit of Happiness.”
  • Inherent Rights are also described in Section 2, under the Bill of Rights of the Kansas Constitution, “All political power is inherent in the people, and all free governments are founded on their authority, and are instituted for their equal protection and benefit.
10th Amendment of the US Constitution
  • The 10th Amendment to the United States Constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the US Constitution, and reserves to the State and People of Kansas certain powers as they were understood at the time the First Ten Amendments (Bill of Rights) to the United States Constitution were ratified.
  • Congress has not expressly preempted through the formal process of amending the US Constitution the rights of the People of the State of Kansas pertaining to their health care freedom.
  • The laws, regulations and mandates by the Federal Government and its agencies are transgressions of power on the right of Kansans to provide for and choose their health care.
9th Amendment of the US Constitution
  • The 9th Amendment to the United States Constitution guarantees to the people rights not granted in the US Constitution and reserves to the People of the State of Kansas certain rights, as they were understood a at the time the First Ten Amendments (Bill of Rights) to the United States Constitution were ratified.
  • Congress has not expressly preempted through the formal process of amending the US Constitution the rights of the People of the State of Kansas pertaining to their health care freedom.
  • Intrusion by the federal government in the free choice of Kansans’ health care, disparages the natural, inalienable right of the People of Kansas.
Exemption from Interstate Commerce Clause-based Regulations
  • The regulation of intrastate commerce is vested in the states under the 9th and 10th Amendments to the United States Constitution, particularly if not expressly preempted by federal law.
  • Congress has not expressly preempted through the formal process of amending the US Constitution state regulation of intrastate commerce pertaining to the delivery of health care services.
  • Congress ceded insurance regulation to the states in the McCarran-Ferguson Act around 1944-45. It was enacted in response to a Supreme Court decision that reversed the historical treatment of insurance as not "commerce" and therefore not within the federal government's powers under the Commerce Clause of the Constitution. The Court said it was "commerce" and the Congress reacted by blocking federal control of insurance with the McCarran-Ferguson Act.

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