June 30, 2010

Lawsuit Challenges Constitutionality Of Health Care Ballot Issue
Two individuals have filed suit in Cole County Circuit Court in Jefferson City claiming the health care ballot issue for the Aug. 3 primary election violates state law and Missouri’s Constitution. The “Health Care Freedom Act” is a proposed statute by the Missouri General Assembly that would guarantee the right of individuals to choose their own medical insurance. This is a response to the health insurance mandate provisions contained in federal health care reform law. The lawsuit argues the proposal violates the Missouri Constitution’s prohibition against having more than one subject in a bill, and that subject must be clearly expressed in the legislation’s title. The plaintiff’s petition notes the bill’s title states the bill relates to “… the liquidation of certain domestic insurance companies.” As the bill progressed through the General Assembly, the subject of mandatory insurance coverage was added, which is, arguably, outside the scope of the bill’s title. In addition, the requirement for a vote of the people was added.

Although it appears the individuals challenging the proposal would like to resolve the issue before the Aug. 3 vote, the same constitutional infirmity would apply if the proposal wins voter approval.

[top of page]