HF 1351

as introduced - 87th Legislature (2011 - 2012) Posted on 04/04/2011 09:04am

A bill for an act
relating to health; providing for freedom of choice in health care; specifying state
policy related to the Patient Protection and Affordable Care Act; prohibiting the
state of Minnesota and political subdivisions from enforcing, implementing,
or funding provisions of the act; proposing coding for new law in Minnesota
Statutes, chapter 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [1.061] FREEDOM OF CHOICE IN HEALTH CARE.
new text end

new text begin Subdivision 1. new text end

new text begin Legislative intent. new text end

new text begin (a) The Constitution of the United States
enumerates powers to the federal government and, as reflected in the ninth and tenth
amendments, reserves all other powers to the people and the states.
new text end

new text begin (b) The Constitution of the United States, having delegated to Congress a power
to "to regulate commerce ... among the several states," does not extend to forcibly
mandating, in any form, citizen participation in a national health plan or dictating the
composition of insurance policies and employer benefits.
new text end

new text begin (c) Since the states and people reserved powers under the United States Constitution
to themselves, it is incumbent upon the states, including Minnesota, to ensure on behalf
of their citizens, that the powers reserved to the people and states are not diminished
through the assumption of nondelegated powers by the federal government. To identify
such encroachment and to peacefully and lawfully oppose and resist it is a natural duty
that flows from the powers reserved, and is not in conflict with our recognition of the
Constitution of the United States as the supreme law of the land.
new text end

new text begin (d) The Patient Protection and Affordable Care Act (PPACA), enacted by the
federal government, is inconsistent with the powers reserved under the ninth and tenth
amendments, is an encroachment upon those reserved powers, and is an exercise of
authority not delegated to Congress. Such is the finding of the federal district court in the
decision of State of Florida v. United States Department of Health and Human Services,
Case No. 3:10-cv-91-RV/EMT (January 31, 2011, N.D.FL). The court in State of Florida
v. United States Department of Health and Human Services, having found the personal
mandate in the PPACA unconstitutional and not severable from the whole, also affirmed
that the entire law is unconstitutional.
new text end

new text begin new text end

new text begin (e) The legislature of the state of Minnesota, on behalf of the citizens of this state
and to secure the blessings of liberty, hereby asserts its legitimate authority to interpose
between its citizens and the federal government, when it has exceeded its constitutional
authority and declares that the state shall not participate in PPACA, which is void and of
no effect.
new text end

new text begin Subd. 2. new text end

new text begin Statement of public policy. new text end

new text begin (a) The power to require or regulate a person's
choice in the mode of securing health care services, require employers to provide health
insurance coverage to their employees, determine the content of health insurance policies,
or impose a penalty related thereto is not found in the Constitution of the United States of
America, and is therefore a power reserved to the people under the ninth amendment, and
to the several states under the tenth amendment. The state of Minnesota hereby exercises
its sovereign power to declare the public policy of the state of Minnesota regarding the
right of all persons residing in the state of Minnesota in choosing the mode of securing
health care services free from the imposition of penalties, or the threat thereof, by the
federal government of the United States relating thereto.
new text end

new text begin (b) It is hereby declared that the public policy of the state of Minnesota, consistent
with each individual's constitutionally recognized and inalienable rights of liberty, is that:
new text end

new text begin (1) every person within the state of Minnesota is and shall be free to choose or
decline to choose any mode of securing health care services without penalty or threat of
penalty by the federal government of these United States;
new text end

new text begin (2) no person within the state of Minnesota shall be compelled to participate in a
government health insurance program not authorized by the governor and legislature
of the state of Minnesota;
new text end

new text begin (3) every employer in the state of Minnesota shall be free to decide whether to
offer, maintain, contribute to, or modify health insurance plans for their employees and
their dependents, without penalty or threat of penalty by the federal government of these
United States; and
new text end

new text begin (4) the state of Minnesota reaffirms its sovereign power to provide regulatory
oversight of insurance content, coverage, benefits, and beneficiaries within the state of
Minnesota.
new text end

new text begin (c) The policy stated in this section shall not be applied to impair any right of
contract related to the provision of health care services to any individual or group.
new text end

new text begin Subd. 3. new text end

new text begin Invalidity of certain public laws; prohibition on enforcement. new text end

new text begin (a) The
Patient Protection and Affordable Care Act, Public Law 111-148, 124 Stat. 119 (2010),
as amended by the Health Care and Education Reconciliation Act of 2010, Public Law
111-152, 124 Stat. 1029 (2010), herein collectively referred to as PPACA, shall not be
enforced by the state of Minnesota including, but not limited to, any of its departments,
political subdivisions, courts, public officers, or employees thereof.
new text end

new text begin (b) No department, agency, or political subdivision of the state of Minnesota shall
establish any program; promulgate any rule, policy, guideline, or plan; or change any
program, rule, policy, or guideline to implement the PPACA.
new text end

new text begin (c) No department, agency, or political subdivision; public officer; or employee of
the state of Minnesota shall enter into any agreement or any obligation to implement the
PPACA.
new text end

new text begin (d) No department, agency, political subdivision; public officer; or employee of
the state of Minnesota shall provide assistance or resources of any kind to any agency,
public official, employee, or agent of the federal government related to any attempted
implementation or enforcement of the PPACA.
new text end

new text begin (e) No department, agency, or political subdivision of the state of Minnesota shall
accept or expend money related to the implementation of the PPACA.
new text end

new text begin (f) No order of judgment, writ, or levy of execution shall be issued or otherwise be
enforced upon any property or against any person in the state of Minnesota to collect any
amounts adjudged due or assessed against the state of Minnesota or its residents for failure
to comply with any provision of the PPACA.
new text end

new text begin (g) Any aggrieved person shall have a right to injunctive relief against any person
violating the provisions of this section, with an award of attorney fees and costs to the
prevailing party.
new text end

new text begin Subd. 4. new text end

new text begin Severability. new text end

new text begin The provisions of this section are hereby declared to be
severable and if any provision of this section or the application of such provision to any
person or circumstance is declared invalid for any reason, such declaration shall not affect
the validity of the remaining portions of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end