Ohio Constitution Prohibits
Legislators from Enacting State Insurance Mandates
Legal center advises Ohio
legislators that mandating health treatments and benefits violates Ohio's
Health Care Freedom Amendment
Columbus, OH - The 1851 Center for
Constitutional Law today emphasized to Ohio's state senators and
representatives that the Ohio Health Care Freedom Amendment, adde d to
Ohio's Bill of Rights in late 2011, prohibits the state from mandating that Ohioans
health insurance purchases include new previously-un-mandated benefits and
services. The 1851 Center is the public interest law firm that drafted the
Amendment and represents its advocates and sponsors.
The 1851 Center legal memorandum
("A Policymaker's Guide to Following the Health Care
Freedom Amendment") comes in response to recent news of the
Kasich Administration's purported executive action attempting to mandate that
all Ohioans purchase autism-related coverage. The memorandum observes that
while the Governor's action -- simply a letter to the Obama Administration
recommending that it impose autism coverage on Ohioans -- may not be a
forbidden "law or rule," any state legislation will indeed violate
the Amendment.
