Now that President Obama has signed the health care reform bill, the New Mexico legislature is focusing on implementing reforms effectively, maximizing federal dollars for Medicaid, cutting costs and immediately expanding coverage for those with preexisting conditions. Last week marked the first meeting of the Health Care Reform Working Group, which was created by a Senate Joint Memorial which I sponsored in the regular legislative session to deal with the subject. It passed unanimously and we are now hard at work. A number of other states are moving forward on implementation including California, illinois, Iowa, Maine, Nebraska, Texas, Maryland, Rhode Island, Wisconisin, and Wasington.
Despite these serious efforts, much of the news media has been on "anti" efforts, most recently the letter from Republican legislators asking Attorney General Gary King to file suit to block the reform, and earlier, the failed attempt to get the NM legislature to block the mandate for coverage included in the bill through a constitutional amendment.
What's disappointing about these "anti" measures is that they don't incorporate any substantive proposals for increasing access to affordable high quality health care but just political attacks and symbolic opposition. Yet, due to the conservative group ALEC ( American Legislative Exchange) funded largely by the insurance and pharmaceutical industries they are getting some national traction, in spite of the fact that they are a resounding flop. See map below:
Number of states claimed by the American Legislative Exchange Council (ALEC) to have "defended health care choice" through the actual or proposed introduction of health care nullification bills intended to "oppose Obamacare": 40
Number of states where health care nullification bills have actually passed: 4
Number of states where health care nullification bills or constitutional amendments have failed: 14 and counting...

Health care nullification bills have now been rejected or failed to pass in Colorado, Delaware, Georgia, Indiana, Iowa, Kansas, Michigan, Mississippi, New Hampshire, New Mexico, North Dakota, South Dakota, West Virginia, and Wyoming. The states highlighted in blue have passed health care nullification bills. Arizona requires a statewide vote.
In other states where ALEC has claimed success, such as Montana, Rhode Island,andTexas, health care nullification bills have yet to even be introduced.
Additionally, nullification proposals have met significant opposition in many other states where they have been introduced:
- In Iowa, the 2010 session ended with the House minority leader conceding the failure of conservative efforts to nullify federal health care reform.
- In Arkansas, the 2010 session ended without action on a non-binding bill intended to "prevent involuntary enrollments in health care insurance programs."
- In Delaware, legislative leaders directed a nullification effort to a committee described in a recent news report as a "favored burial ground for bills."
- In North Dakota, a proposed constitutional amendment failed in 2009.
- In Maryland and Michigan, attempts at nullification through constitutional amendments failed in committee.
- And in Maine, where a nullification bill has not been introduced, legislative leadersdefeated a resolution promoted by conservatives calling on the Attorney General to join a lawsuit seeking to block the implementation of federal reform.
Sources: NCSL.org - State Legislation Challenging Certain Health Reforms, 2010; PBS NewsHour - States Challenge Health Care Reform and the Progressive States Network.
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