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, any person, 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 health care or health insurance.”

“Health care system’ means any public or private entity or program whose function or purpose includes the management of, processing of, enrollment of individuals for, or payment for, in full or in part, health care services, health care data, or health care information for its participants.”

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 United States of America that validates the Obama health-care law, I’m not sure how passage of this act would roll that back based on the Supremacy Clause.”

Ohio Attorney General Mike DeWineOctober 10, 2011 The Toledo Blade

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, the author of Issue 3, said he always has maintained that it is about more than what opponents deride as “Obamacare” or individual insurance mandates.

He acknowledged that critics are “not far off” on some scenarios. He said Issue 3 would prohibit requiring schoolgirls to get a cervical-cancer vaccine, for example.”

Columbus Dispatch, 9/2/2011

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.

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.

Issue 3: Can’t Compel ParticipationSection 21A of the amendment: No federal, state, or local law or rule shall compel, directly or indirectly, any person, employer, or health care provider 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

Issue 3: Can’t Prohibit Sale and PurchaseSection 21B of the amendment: No federal, state, or local law or rule shall 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.

Issue 3: Overly Broad Language & Lack of DefinitionSection 21D of the amendment: This section does not affect laws or rules in effect as of March 19, 2010; affect which services a health care provider or hospital is required to perform or provide; affect terms and conditions of government employment; or affect any laws calculated to deter fraud or punish wrongdoing in the health care industry.

“wrongdoing” is not defined• Issue 3 could make new abortion regulations unconstitutional• Issue 3 could undo recent legislation to crack down on pill mills

March 19, 2010

• Bipartisan laws & rules passed after this date could be unconstitutionali.e. insurance agent licensing rules adopted after March 2010

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.

3 Major Papers Editorialized Against Issue 3

• Columbus Dispatch

• Toledo Blade

• Akron Beacon Journal

If you want to learn more about Issue 3:

Healthpolicyohio.org

Votenoissue3.com

Ohioansforhealthcarefeedom.com

Innovationohio.org