Texas House Bill HB97

Texas 2011 - 82nd Regular

• Introduced: 11/8/10
• Refer: 2/9/11

Caption

Relating to creation of the Health Freedom Act.

Impact

If enacted, HB 97 would create significant implications for state laws regarding health insurance requirements. It would prohibit state agencies and officials from enforcing any penalties related to mandates that violate the provisions established by this act. This can potentially limit the effectiveness of federal health insurance regulations, posing free-choice protections for Texas residents against federally mandated coverage plans. The attorney general is empowered to take legal action to defend these rights, thereby increasing the state's legislative control over public health policy.

Summary

House Bill 97, known as the Health Freedom Act, emphasizes the right of individuals in Texas to choose whether or not to obtain health insurance without facing penalties or sanctions. In the wake of ongoing debates about health care mandates, this bill seeks to explicitly state that the Constitution does not provide the federal government the authority to compel individuals to secure health insurance. By asserting that such decisions rest with the citizens and the states, this legislation aims to reinforce individual liberty as seen under the Ninth and Tenth Amendments.

Sentiment

The sentiment around HB 97 appears to be largely supportive among conservative lawmakers and constituents who view it as a protection against government overreach in healthcare decisions. Proponents argue that it reflects the principle of personal choice and liberty. However, critics express concerns over the possibility that such legislation could undermine public health initiatives aimed at ensuring comprehensive health coverage. They argue that it risks leaving individuals without essential health services, particularly the vulnerable populations that benefit from expanded insurance coverage.

Contention

The debate surrounding HB 97 highlights a fundamental contention within state versus federal powers regarding healthcare regulations. While supporters argue that the bill safeguards individual freedoms, opponents fear it may compromise collective well-being by reducing access to necessary health coverage. The disagreement underscores broader discussions about the role of government in regulating health care and the implications for public health outcomes in Texas.