NC Institute of Medicine - Study Group     CLICK HERE

NC Policy Council      CLICK HERE

Health Care a Fundamental Right     CLICK HERE

Changes in Our Legislative Focus 2008

During the course of 2008 it became clear to the HCfA NC board and activists that it would not be possible to move the bill for a Constitutional Amendment on the Right to Health Care onto the House floor for a vote, despite the fact that we had a sympathetic Speaker of the House and a Democratic majority in the chamber. We were as motivated as ever, though, to see legislation move forward that would at least pose the relevant issues about fundamentally reforming our health care access system, such that all residents of the state could have their needs met.

We worked in support of an effort led by V. Insko (Dem. Orange Co.) to establish a Health Care Policy Planning Commission ( HB 2688) which would be charged with the task of analyzing current failings and planning out the changes (or various options) that our state has to achieve access to regular and medically appropriate health care for all residents of our state.

We were astonishingly successful. The originally proposed legislation was, of course, modified a great deal along the way, but it resulted as H2431 a bill not only passing the House but ratified in the Senate with the essentials of what had originally been proposed.

We have suspended work on the Constitutional Amendment for a Right to Health Care for the time being, but may take it up again at a later date. In the mean time our work remains focused on the State guaranteeing regular and appropriate access to care for all North Carolinians. That we see this as an obligation of the State, already based in current law (though not well recognized or enforced) provides the continuity of our work over the last decade in pushing for the Constitutional Amendment on the Right to Health Care.

North Carolina Institute Of Medicine To Study Issues Relating To Access To Health Care

SECTION 31.1. The North Carolina Institute of Medicine shall convene a panel to continue to study issues related to access to appropriate and affordable health care for all North Carolinians.

SECTION 31.2. The Institute shall report to the Joint Legislative Health Care Oversight Committee, the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the General Assembly, and may recommend legislation to the General Assembly. No later than January 15, 2009, the Institute shall make recommendations on the following:

1. Previous studies by the Institute.
2. Other relevant current studies by the Institute.
3. Analysis of successful efforts in other states to improve access and affordability to health care.
4. Analysis of relevant federal initiatives.

In developing the proposed recommendations, the Institute of Medicine shall not study issues related to scope of practice and professional licensing. The Institute shall seek the advice and consultation of State and national experts in health care economics, health care systems development, health care delivery, health care access, indigent health care, medical education, health care finance, and other relevant areas of expertise. The Institute shall report its recommendations to the Joint Legislative Health Care Oversight Committee no later than January 15, 2009.

SECTION 31.3. In the event members of the General Assembly serve on this panel, they shall receive per diem, subsistence, and travel allowances in accordance with G.S. 120 3.1.

It is important to note the language of the original bill HB 2688 that was filed, even though much of it was omitted from the Senate ratified version printed directly above. This language demonstrates our commitment to working on this issue from the perspective of health care as a right.

AN ACT TO ESTABLISH THE HEALTH CARE POLICY COUNCIL.

The General Assembly of North Carolina enacts:

SECTION 1. Chapter 143 of the General Statutes is amended by adding the following new Article to read:

"Health Care Policy Council.

(a) There is established the Health Care Policy Council ("Council"). The Council shall be known and may be cited as the Bill Martin and Ruth Easterling Health Care Policy Council. The purpose of the Council is to conduct ongoing review and analysis of health care policies, programs, and plans to determine whether such policies, programs, and plans ensure that all North Carolinians have access to appropriate and affordable health care on a regular basis. To this end the Council has an ongoing duty to provide timely information and recommendations to the General Assembly, the Governor, and the public at large on health policy in North Carolina and to advise and make recommendations to the General Assembly and the Governor for improvements and enhancements that will result in appropriate and affordable health care for all in North Carolina. Recommendations to the General Assembly shall include detailed plans for moving from the current fragmented health care system to an integrated system of public and private health care services. The plans shall include the costs and benefits to the State, private industry, and the general public of improving the health care system. The Council shall be in the Department of Administration for budgetary purposes only.

(b) The General Assembly finds the following:

(1) For over a decade the number of uninsured has remained at over1,000,000 North Carolinians.

(2) Efforts to improve access to health care have been made by the State as far back as the 1940s under Governor Broughton's "Good Health Plan." However, these and more recent efforts have not fully addressed the aspects of health care access necessary to ensure a healthy citizenry and to contribute to a vital economy.

(3) Health care policy should be guided by the following principles:

a. Continuous oversight of the health care policy, programs, and plans in North Carolina is essential to ensure access to appropriate and affordable health care for all North Carolinians by reviewing and addressing system strengths and weaknesses over time.

b. Health care providers and clients should have a primary role in medical care decisions, taking into consideration evidence-based care and cost of care. Medical care should be based on evidence of safety and effectiveness.

c. All North Carolinians should have access to appropriate and affordable comprehensive care, including dental care, vision care, and mental health services.

d. Health care policy must recognize the value of prevention, early intervention, and wellness and should provide incentives for clients to engage in these practices.

e. Health care policy must recognize the value of public health services that contribute to the improved health of the individual and the community as a whole.

f. Everyone that benefits from the State's health care system should contribute to its support to the extent possible.

Health Care a Fundamental Right

Short Title: Health Care for All. (Public)

Sponsors:

Representatives Insko, Coleman, Harrison, J. Harrell (Primary Sponsors); Alexander, Allen, Bell, Bordsen, Bryant, Carney, Church, Cunningham, Dickson, Earle, Faison, Farmer-Butterfield, Fisher, Glazier, Goodwin, Hall, Jeffus, Jones, Luebke, Martin, McAllister, McLawhorn, Mobley, Parmon, Pierce, Tarleton, Underhill, Wainwright, Weiss, Wilkins, Williams, Womble, Wray, and Wright.

Referred to: Rules, Calendar, and Operations of the House.

March 20, 2007

A BILL TO BE ENTITLED:

AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO RECOGNIZE THE RIGHT TO HEALTH CARE.

The General Assembly of North Carolina enacts:

SECTION 1. Article I of the North Carolina Constitution is amended by adding a new section to read:

"Sec. 38. Health care.

Health care is an essential safeguard of human life and dignity, and there is an obligation for the State to ensure that every resident is able to realize this fundamental right. Not later than July 1, 2009, the General Assembly shall provide by law a plan to ensure that by July 1, 2013, every resident of North Carolina has access to appropriate health care on a regular basis."

SECTION 2. The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State at the general election in November 2008, which election shall be conducted under the laws then governing elections in the State. Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes. The question to be used in the voting systems and ballots shall be:

"[ ] FOR [ ] AGAINST
Constitutional amendment providing that health care is a fundamental right."

SECTION 3. If a majority of the votes cast on the question are in favor of the amendment set out in Section 1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State. The Secretary of State shall enroll the amendment so certified among the permanent records of that office.

SECTION 4. This act is effective when it becomes law.

The bill is also available from the NC Legislature.