On Friday, December 21, 2012, Governor Kasich signed an executive order which mandates all Ohioans that purchase insurance to purchase autism coverage. Soon afterward on Friday, December 21, the 1851 Center for Constitutional Law, author of the Ohio Healthcare Freedom Amendment (which passed with 66% of the vote in November 2011), posted the following message to their Facebook account:
Governor and Ohio General Assembly deliver 11th hour Christmas Present to Powerful Corporate Autism Lobby at Expense of State Constitution’s Health Care Freedom Amendment.
The Legislation signed today compels all Ohioans buying health insurance to purchase autism coverage, in direct violation of the Health Care Freedom Amendment, passed as “Issue 3″ in November of 2011.
“Autism Speaks” funded many state political campaigns this fall to ensure that state legislators would vote to force Ohioans to purchase the services of their members-providers.
IF YOU SELL HEALTH CARE COVERAGE OR ARE A MAJOR PURCHASER OF HEALTH CARE COVERAGE WHO WISHES TO BE FREE FROM STATE-BASED MANDATES, PLEASE CONTACT THE 1851 CENTER FOR CONSTITUTIONAL LAW FOR LEGAL REPRESENTATION.
The National Federation of Independent Business strongly spoke out against the action:
“The administration’s decision to include a new mandated autism coverage on small-group health insurance plans offered by small businesses, through executive fiat, will drive up cost and eliminate flexibility for Ohio’s job creators as they continue to struggle to provide healthcare coverage to their employees,” said Roger R. Geiger, Vice President and Executive Director of the National Federation of Independent Business/Ohio.
…
In the same manner the federal government continues to interject in the healthcare decisions of small-business owners, the state of Ohio has now decided to follow suit. It is very discouraging to see the state of Ohio follow the federal government in mandating what they feel is best for small businesses.”
John Kasich Signing the Ohio Healthcare Freedom Amendment Petition (Oct. 2010)
Several Ohio republican legislators and Governor Kasich himself signed the petition for the Healthcare Freedom Amendment in 2010 and 2011 when Ohio liberty group volunteers collected over 425,000 signatures to place the amendment on the November 2011 statewide ballot. We find it ironic and, of course, very disappointing that Governor Kasich has now violated the very amendment that he supported. Perhaps the only way he could repay favors owed to the Autism lobby was through executive order, since it would have put many Ohio legislators which supported the Healthcare Freedom Amendment in a very awkward spot. Why? Don’t forget that all Ohio republican representatives and senators supported the Ohio liberty groups’ attempt to pass a bill to legislatively initiate the Healthcare Freedom Amendment via the Ohio house and senate in early 2011.
If you want to read more about the bill’s passage and comments from the Autism lobby, see the Plain Dealer’s December 21st article, Gov. John Kasich adds autism treatment services to Ohio’s health insurance plans.
Sue the government. This is the Constitution of the state. We worked hard to get that passed, they do not have the right to ignore it.
Ignore it. It isn’t legal. Let them take you to court first. You would be breaking the law if you follow his executive order. So you can be a lawful citizen and ignore it or a criminal if you follow it.
I’m w/Roger.
The issue, as passed, is below. While I disagree with the Governor’s order, I fail to see how it “violates” the Healthcare Freedom Amendment. This is changing the required coverage in Ohio, not compelling anyone to purchase health insurance.
We may not like the policy, but let’s be accurate in how we portray the executive order…and our disagreement with it.
—
Issue 3
Proposed Constitutional Amendment
TO PRESERVE THE FREEDOM OF OHIOANS TO CHOOSE THEIR HEALTH CARE AND HEALTH CARE COVERAGE
Proposed by Initiative Petition
To adopt Section 21 of Article I of the Constitution of the State of Ohio
A majority yes vote is necessary for the amendment to pass.
The proposed amendment would provide that:
1. In Ohio, no law or rule shall compel, directly or indirectly, any person, employer, or
health care provider to participate in a health care system.
2. In Ohio, no law or rule shall prohibit the purchase or sale of health care or health
insurance.
3. In Ohio, no law or rule shall impose a penalty or fine for the sale or purchase of
health care or health insurance.
The proposed amendment would not:
1. Affect laws or rules in effect as of March 19, 2010.
2. Affect which services a health care provider or hospital is required to perform or provide.
3. Affect terms and conditions of government employment.
4. Affect any laws calculated to deter fraud or punish wrongdoing in the health care
industry.
If approved, the amendment will be effective thirty days after the election.
This is very hard to believe that Governor Kasich would stoop so low. I always thought he was ethical. I guess when you get into power, money speaks louder than ethics or morality. This is just another reason why the Republicans continue to implode. They are guaranteeing the destruction of America. I just pray new Republican leaders, who can’t be bought with lobbying interests, run for office and try to get our freedoms back.
It violates section 1. – it is an order attempting to compel providers to carry specific insurance types, which is attempting to compel them to participate in a healthcare system. On top of that, it is attempting to compel purchasers to participate in a healthcare system that applies only to a very small proportion of the population. My kids are 10, they do not have autism, and we’re not having any more – why the hell do I need insurance for that?
Looks pretty clear to me that requiring autism insurance is in contravention of #2. The order pretty clearly defines required services, which means that certain policies will not qualify.
In Ohio, no law or rule shall prohibit the purchase or sale of health care or health
insurance.
In otherwards you may not make a law that disallows you to sell healthcare without autism coverage.
If the Governor is now ‘Requiring” the coverage then he ‘compelling’ Ohio citizens to follow it. That IS a violation of the Health Care Freedom Amendment.
While no law or rule shall compel any person, employer or health care provider to participate in a health care system (1), the amendment also states services that health care providers and hospitals are REQUIRED to perform or provide should NOT be affected (2). The rule by executive order mandates health care providers (health insurance plans) or hospitals to provide autism services, which does affect the cost of insurance coverage for small business owners who are trying their level best to provide affordable health coverage for their employees.
Unless specifically defined otherwise in statute, an insurance company is not a healthcare provider. So the provision of health insurance should not be affected by any provision limited to healthcare providers.
It is no different than being forced to purchase birth controll for everyone. We are past the childbearing age why should we have to purchase autism coverage? I am so sick and tired of all of the politicians all they do is force us to pay their favors so when voting time comes they will have more votes coming their way. They are not in politics to help the American people but to take care of themselves. I do not know how many times I have contatcted the governor and senators and all I get is some script letter thinking they are getting away with it but when it comes time to vote they will not get mine again. They all need to go and start over . What a hypocrite. I have lost all respect for our system.
You know, the incidence of Autism has increased and increased over the years. They even run commercials about it…1 out of every 200, or 1 out of every 150 births…. reveal signs of autism. At first, I thought the discovery of more and more autism was because of better medicine…that doctors were more aware of the problem and hence, there really wasn’t an increase in autism numbers per 1000, just an ability to see and discover what we couldn’t see and discover before.
But, it has come to my attention, (and this has been discredited by the major news outlets and medical practiioners who have something to lose), that our babies now receive 47 different vaccinations before age 2. 47….!!! There seems to be a correlation between the increased number of vaccinations and the increase in autism. Before we demand coverage via health insurance, perhaps there should be more investigation into these vaccinations. Most of the people walking around over age 25 have not had all these vaccinations and they seem to be doing fine. Our own grandchild’s mother has refused to allow too many vaccinations and is slowing the rate at which our grandchild is receiving the vaccinations for this very reason. (and for you overly-dramatic types out there, she is not putting her childs health at risk…she and her hubby take very good care of their child). I would like to see more science on this vaccination methodology instead of it receiving the ‘brush off’ from those who ‘know better’. How about a study on 20,000 babies born in 1980 who did not receive 47 vaccinations before age 2 versus a study on 20,000 babies born in 2000 who did receive 47 vaccinations before age 2. Let’s look at autism rates between those two groups. And let’s have the study done by someone other than a drug company…Maybe this would be a better approach than having Gov. K. sign an executive order. Just sayin’..
Both incidents, increased vaccinations and increased autism, correlate very well with date. So does CO2, BTW. Maybe CO2 is the cause for increased autism?
Let’s get out of the realm of trial lawyers, trying to use statistics to prove something beyond a “reasonable doubt” and instead insist on higher proof than statistics, like a scientific hypothesis.
If you/your family is in need of additional coverage for an autistic member of your family, then by all means, it is YOUR PERSONAL RESPONSIBILITY to purchase that insurance. . .not mine! No one in my family has autism so why am I being forced to buy coverage. . .is it so that they can “redistribute” my paid for coverage to a family who might not be able to pay for their own coverage? Governor Kasich’s abuse of office in signing this EO makes him no better than Obama, who continually uses EO’s to force his will upon all of us! Gov. Kasich kowtowed to lobbyists and forced upon ALL Ohioans something that the majority of us do not need/want.
Governor John Kasich
Riffe Center, 30th Floor
77 South High Street
Columbus, OH 43215-6117
Phone: (614) 466-3555
Online Contact form: http://www.governor.ohio.gov/Contact/ContacttheGovernor.aspx
Why on earth would you make anyone pay for anything they don’t want period? I agree that the coverage should be cheaper to cover autism, but to make everyone pay for it NO.How about if we have everyone pay for my diabetic testing supplies???
Since when you do you ‘tea partiers’ care about the Constitution so much? You threw that out the window a long time ago when you choose the golden boy Romney over a true statesmen Ron Paul.
Joe, do you have a point or just a rant? And your “affirming the consequent” statement involving the Constitution, Romney, and Ron Paul. Do you understand logic?
So Joe did you vote for Ron Paul?
Executive orders should be ignored @ any level of gov’t whose constitution/charter includes a legislative body that debates/passes laws. IF ALL OF US DEFY petty attempts of these self-proclaimed “kings” to run our lives, they will have to resort to doing the job they were originally elected for. When will we realize that we have the power?