The Impact of Issue 3 in Ohio


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Learn more about Issue 3, including how it would impact health care in Ohio, our state Constitution, and Ohioans in need.

It is critical for Ohioans to be informed about Issue 3, so Advocates for Ohio’s Future organized a forum where experts shared information about Issue 3 and its potential effect on Ohio.

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  • Good Morning only 12 days leave until we vote no on issue 2 and 3. here is some information that obtain from a webanair.. enjoy vote an share it with a family member and a friend
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The Impact of Issue 3 in Ohio

  1. 1. The Impact of Issue 3 Featuring:Janetta King, Executive Director of Innovation Ohio Bill Hayes, Independent Health Policy ConsultantAn Issue 3 proponent was invited but declined
  2. 2. Issue 3: Ohioans Need to Pay AttentionForget what you’ve been told, read the language yourself“No federal, state, or local law or rule shall compel, directly or indirectly, anyperson, employer, or health care provider to participate in a health care system.”“No federal, state, or local law or rule shall prohibit the purchase or sale of healthcare or health insurance.”“‘Health care system’ means any public or private entity or program whosefunction or purpose includes the management of, processing of, enrollment ofindividuals for, or payment for, in full or in part, health care services, health caredata, or health care information for its participants.”
  3. 3. Issue 3: Won’t Impact Federal Law• Even Attorney General Mike DeWine agrees that this won’t impact Federal Law“If you have a decision of the Supreme Court of the UnitedStates of America that validates the Obama health-care law,I’m not sure how passage of this act would roll that back basedon the Supremacy Clause.”Ohio Attorney General Mike DeWineOctober 10, 2011 The Toledo Blade
  4. 4. Issue 3: Won’t Impact Federal Law• Even Issue 3 supporters say it is about more than the Federal Mandate“Maurice Thompson of the 1851 Center for Constitutional Law, theauthor of Issue 3, said he always has maintained that it is about morethan what opponents deride as “Obamacare” or individual insurancemandates.He acknowledged that critics are “not far off” on some scenarios. He saidIssue 3 would prohibit requiring schoolgirls to get a cervical-cancervaccine, for example.”Columbus Dispatch, 9/2/2011
  5. 5. Issue 3: It Will Have An Impact• Easy to say that it won’t impact the individual mandate so we don’t need pay attention, but it has a broad impact.• At best it freezes laws and rules in place.• Changes to state and local laws and rules in the future could be unconstitutional.• Some rules and laws currently in effect could be unconstitutional.• Ties our hands to move ahead with Ohio reforms.• Costly litigation for years to come.
  6. 6. Issue 3: Experts Agree• Professors Maxwell J Mehlman & Jessie Hill, from Case Western Reserve University School of Law, co-authored the report “Bad Medicine.”• Conclusion: Issue 3 is so broadly written that it will result in costly litigation, allow bad actors to come into Ohio with no ability to regulate them, and it ties Ohio’s hands when trying to implement innovative reforms.
  7. 7. Issue 3: Can’t Compel ParticipationSection 21A of the amendment: No federal, state, or local law or ruleshall compel, directly or indirectly, any person, employer, or health careprovider to participate in a health care system.“compel” could apply to: • Court orders in custody battles • Regulating pill mills • Health IT/EMRs • College student coverage • Mandatory health care pooling • Immunization/disease tracking • Laws and rules governing BWC
  8. 8. Issue 3: Can’t Prohibit Sale and PurchaseSection 21B of the amendment: No federal, state, or local law or ruleshall prohibit the purchase or sale of health care or health insurance.“prohibit” could apply to: • State regulation of health providers to protect public health • State regulation of what insurance companies offer, including any new coverage requirements.
  9. 9. Issue 3: Overly Broad Language & Lack of DefinitionSection 21D of the amendment: This section does not affect laws or rules in effect asof March 19, 2010; affect which services a health care provider or hospital is requiredto perform or provide; affect terms and conditions of government employment; oraffect any laws calculated to deter fraud or punish wrongdoing in the health careindustry.“wrongdoing” is not defined• Issue 3 could make new abortion regulations unconstitutional• Issue 3 could undo recent legislation to crack down on pill millsMarch 19, 2010• Bipartisan laws & rules passed after this date could be unconstitutional i.e. insurance agent licensing rules adopted after March 2010
  10. 10. We need to educate on the impact of Issue 3• It is a Constitutional Amendment that will have a lasting impact and result in years of litigation.• Ohioans need to know what this amendment does. Public policy leaders need to help educate Ohioans about what they are voting on.
  11. 11. 5 Major Papers Editorialized Against Issue 3• Columbus Dispatch• Toledo Blade• Akron Beacon Journal• Canton Repository• Cleveland Plain Dealer
  12. 12. If you want to learn more about Issue
  13. 13. Issue 3 Webinar Bill
  14. 14. Issue 3 is about more than Obamacare• More than a vote on the individual mandate, which will have no actual effect• If vote on Obamacare was only element of Issue 3 the issue would be a minor thing• But, Issue 3’s language and intent is to prevent Ohio elected officials from enacting regulation of health care and health insurance since March 19, 2010• The words of Issue 3 supporters confirm this intent
  15. 15. Ohioans for Healthcare Freedom• “Passage of the Ohio Health Care Freedom Amendment necessarily provides protections that will be effective as against state and local government.• This means that Ohio and its local governments would be prohibited from enacting health care and health insurance mandates, a single-payer system, or any regulatory provisions equivalent to health care systems in Massachusetts, Vermont, Canada, or the United Kingdom. Moreover, even in the face of a valid federal health insurance mandate, Ohio governments would be prohibited from enacting regulations above and beyond the federal baseline.• Finally, the Amendment prohibits Ohio state and local governments from enacting any regulation that has the effect of significantly impeding health care or health care insurance choices, or significantly raising costs of health care or health care insurance”• (
  16. 16. Maurice Thompson• “In so doing, this division (Division A) further recognizes that we, as a society, will not further overcrowd our prisons with those who pursue alternative medicine, or make an economically rational choice for themselves, while not imposing harm on others. Moreover, one’s medical history is private, and the state should not compel it to be shared, simply as a prerequisite to participation in a government program.”
  17. 17. Maurice Thompson• “The state may not impose sweeping new regulations that forbid innovations outright, nor may it punish the purchase or sale of cutting edge services, procedures, and coverages.”• (2) it (Division A) prohibits forced health care beyond what is already permitted under Ohio law - - this would include a prohibition on forced unnecessary inoculations for teen-aged girls, in the manner Texas Governor Rick Perry recently attempted
  18. 18. Challenges with Issue 3• What does wrongdoing mean?• Will wrongdoing become the new way to regulate things people don’t like?• Can any revisions occur to laws or rules passed before March 19, 2010?• If something must be reauthorized after March 19, 2010 will that requirement make the rule invalid?• Will elected officials be able to protect Ohioans from dangerous health care practices or products or health threats in the future?
  19. 19. Likely consequences of Issue 3• No future mandates on health insurance policies, such as diabetes suppliers or autism coverage• No future limits on health insurance selling or underwriting practices• No provider licensure requirements on providers of alternative medicine or other health care practices• No future protections from practices of health insurance bureaucrats• No ability to require providers to share data, report on quality, or report on prices
  20. 20. Potential effects of Issue 3• Would it overturn recently passed and future prescription drug regulations?• Would it overturn recently passed and future abortion regulations?• Does it make euthanasia constitutional?• Does it make medical marijuana use constitutional?• Does it make abortion constitutional?(depends on definition of wrongoing)
  21. 21. Conclusion• Regardless of position on Obamacare or Issue 2, Issue 3 is bad for Ohio• For those opposed to Obamacare, it will not protect Ohioans from Obamacare• At a minimum it creates uncertainty• It will likely produce much litigation, especially from people trying to overturn regulations• It will prevent Ohioans elected officials from protecting them from health threats, unsafe health care practices or products, or unfair private sector health regulations
  22. 22. Questions?