Health and Human Services Secretary Kathleen Sebelius said that states would not be able to “opt out” of the new federal Affordable Health Care law. Sebelius told the Association of Health Care Journalists on Thursday night that states could vent all they want about a so-called “federal takeover”, but they cannot prevent their citizens from benefiting or having access to needed health care.
Sebelius said that much of the outcry against the new health care law was as a result of deliberate “misinformation”. The Health Department would be establishing an Internet site to answer the public’s questions, along with a toll free helpline, reports healthnewsflorida.org.
Florida, along with at least 20 other states have passed legislation challenging the constitutionality of the new federal health care law.
On Thursday, both the Florida House and Senate approved a joint resolution (HJR 37) meant to nullify recent federal health care reform, if approved by Florida voters in November.
If 60 percent of voters support the constitutional amendment, opponents of the federal health care law contend that Florida would be insulated. They also say too that, supremacy of the U.S. constitution, which says that federal law takes precedence over conflicting state laws, wouldn’t be applicable if the new federal law is found to be unconstitutional.
Tallahassee Democrats said that the proposed amendment was “misleading” and “shortsighted” and challenged its constitutionality.
Meanwhile, many constitutional lawyers have said that the states’ challenge to the new federal health care law is unlikely to be favorable to them, in view of the Supremacy Clause in the U.S. constitution.
