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Healthcare Mandate Challenged By State Proposals

Wyoming Legislative Services Office

Two pieces of proposed legislation will be introduced at next months general session of the Wyoming Legislature, both look to secure the rights of Wyoming Citizens to choose whether they buy health insurance or not.   State Representative, Bob Brechtel is co-sponsor.  “We have two health care bills one that will be starting out from the Senate side which will be a constitutional amendment that will give people the right to vote on it in two years.   However, recognizing that the law is going into effect now, we’re also going to work on a statute that will be coming from myself on the house side.”

Brechtel says he’s working with Senator-Elect, Leslie Nutting, of Cheyenne to prepare the two draft bills.  The legislation comes in response to the insurance mandate in the health care act that requires everyone to purchase health care.

Arguments for or against this element of the Affordable Care Act pivot around a controversial clause in Article one of the Constitution,  the “Necessary and Proper” clause.

“And we dont argue that the Constitution is the supreme law of the land,  what we do have issue with is when congress over steps the framework which it is allowed.”

Brechtel sees the recent court ruling that found the mandate to be unconstitutional as a hopeful sign that these concerns will be recognized at the federal level.  But, he says, they don’t want to wait to see what happens following that ruling and so they’ll proceed with the proposed bills.

“We believe that we need to step forward and do what we can to shore up the rights and privileges of the citizens of our state.”

He says the draft bills also signify support to the 20 some other states moving forward with similar legislation.

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