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HomeMy WebLinkAboutAgenda - 06-06-2000-5bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 6, 2000 Action Agenda Item No. - S 6 - - SUBJECT: Resolution Supporting House Bill 1396 Concerning the Scheduling of a Public Referendum to Amend the North Carolina Constitution to Recognize Health Care as a Fundamental Right DEPARTMENT: County Commissioners PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Moses Carey, Chair Letter from Representative Verla Insko with Copy of House Bill 1396, a List of Bill TELEPHONE NUMBERS: Supporters, and a Proposed Hillsborough 732y8181 Resolution Chapel Hill 968.4501 Durham 688-7331 M®bane 336-227-2031 PURPOSE: To consider adoption of a resolution endorsing House Bill 1396 (Short Title - Health Care Access Fundamental Right) as sponsored by Representative Verla Insko, which calls for a public referendum in November, 2000 to amend the North Carolina Constitution to recognize health care as a fundamental right. BACKGROUND: The attached letter and the accompanying materials from Representative Verla Insko outline a request that Orange County adopt a resolution in support of House Bill 1396. This bill, introduced in 1999 by Representative Insko, seeks to schedule a public referendum in November, 2000 on amending the North Carolina Constitution to recognize health care as a fundamental right. If the bill is approved during the current General Assembly session, a public referendum would be scheduled during the general election in November, 2000 to amend the Constitution. Contingent upon a majority of voters supporting the amending the Constitution, the General Assembly would then be required to develop a plan by May 1, 2004 to insure access to health care for every North Carolinian at some point in the future. FINANCIAL IMPACT: None at this time. RECOMMENDATION(S): As the Board decides. d~51~4 ~. ~ ~ ~ ~ ~ ~ r. ~m,,,.m' ~art~ C~rxrnlixttt C~~n~r~x ~s~~nt~xl~r ~as of ~Z.e~r~~~rrtrx#ii~~~ ~trxte `~.e$~ltz#ifu~ ~.az"rl~dri~c~ ~~~ ~7~~~-a.n~~ REPRESENTATIVE VERLA C. INSKO 24TH DIBTRICT - CHATHAM AND ORANGE OKKICE ADDRE98: 1323 LEGIBLATIVE BUILDIN4 _ RAL41cN, NC 27601 ~ t OSZS T1[L6PNONE: (91 S) 793-5773 (919) 733-$>SB9 FAa E-MAIL: VERLAIQM8.NC6A.8TATE.NG.UB HOME ADDRE88: 81 d BURRY ROAD Aprll 26, 2000 CNAPsL HILL. NG 27'314 Mr. Moses Carey Orange County Chairman 901 Lystra Lane Chapel Hill, NC 275.14 ArR 2 ~+ LIIiJU COMMITTEES: AOINC - GNAIR EDUCATIOWUNIVRRfI7lE! Sy pCOMMITTEE - CH HEALTH -VICE-CHAIR STAT! PERSONNEL - VICR'GNAIR APPROpR1ATIONB/EDUCATION SUCCOMMITTER ELECTION LAW & CAMPAIGN FINANCE RERORM JUDICIARY I MENTAL HEALTH RE: HB 1396 ~ AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO RECOGNIZE THE RIGHT TO HEALTH CARE Dear Mr. Carey: I am writing to ask for your help in getting HB 1396 passed by the North Carolina General Assembly. I introduced this bill in 1999 and it will be considered when we convene in May. A copy of the bill is. enclosed along with some other information. If this bill is approved by the General Assembly, a referendum will appear on the November 2000 ballot asking voters if they believe every North Carolinian should have access to health care on a regular basis. If the voters approve this constitutional amendment, the General Assembly would be required to develop a plan by May 1, 2004 that would insure access to health care for every North Carolinian. The bill does not mean that every North Carolinian would have health care. by 2004; only that a plan be put in place that would help us reach that goal. A resolution in support of this bill is enclosed. I hope you will consider putting this resolution on your agenda for discussion and a vote. I would appreciate a copy of the ,resolution if your Board approves it. 3 Page 2 A piece of our history helps underscore the importance of this issue. During World War II, 57% of North Carolina's draftees were rejected because they failed the basic. military health exam. We had the worst record in the nation. Among the draftees was another group of young men who had been raised in orphanages where they had received inexpensive but adequate nutrition and health care. Of this group of draftees, only 3% failed the exam. Since 1950, state leaders have made several attempts to insure basic health care for all North Carolinians, but those attempts have all fallen short. I hope you and your board can support this effort that is before us now. If you have any questions feel free to contact me at (919) 733-5775. sincerelyy, V ~~ Rep. Verla Insko District 24, North Carolina General Assembly VI/jbb Enclosures c. County Manager 4 GENERAL ASSEMBLY OF NORTH CAROLINA SES5ION 1999 HOUSE BILL 1396 Proposed Committee Substitute H1396-PCSLN-0O1 Short Title: Health Care Access Fundamental Right. (Public) Sponsors: Representatives Insko; Alexander, Wright (Primary Sponsors) and Luebke. Referred to: Rules, Calendar and Operations of the House. Apri129, 1999 A BILL TO BE ENTITLED AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO RECOGNIZE THE RIGHT TO HEALTH CARE ACCESS: The General Assembly of North Carolina enacts: Section 1. Article T of the Constitution is amended by adding a new section to read: "Sec. 3$. Health care. (1) Basic rights. Health caze is an essential safeguard of human life and there is an obli~a ror the ,~tate_to ensure that every. resident has access to health care on a regular basis. No later the tare to a o money damages. Nothing in this section shall be construed as creating a money aamages~amst cne state, a counri, a municiUality, or anv of the agencies. instrumentality' or employees mereor. t ne general Assembly may provide for other remedies to ensure adeaua Section 2. The amendment set out in Section 1 of this act shall be submitted to t] qualified voters of the State at the general election in November 2000, which election shall be conducted under the laws then governing elections in the State. Ballots, voting systems, or both m: be used in accordance with Chapter 163 of the General Statutes. The question to be used in d voting systems and ballots shall be: "[ ]FOR [ ]AGAINST ~ . Constitutional amendment providing that health raze is a fundamental right. " Section 3. If a majority of the votes cast on the question aze in favor of the amendme set out in Section 1 of this act, the State Board of Elections shall certify the amendment to tl Secretary of State. The amendment becomes effective upon this certification. The Secretary of Sta shall enroll the amendment so certified among the permanent records of that office. Section ~. There is appropriated from the General Fund to the State Board of Elections f the 2000-2001 fiscal year the sum of twenty thousand dollars ($20,000) to implement thus act. Section S. This act is effective when it becomes law. NORTH CAROLINA COMMITTEE TO DEFEND HEALTH CARE Working to assure a vailability of quality health care, not only for those currently well insured, but also for those who are urrinsurea' and under-insured House Bill 1396 - to Improve Health Care in North Carolina April 14, 2000 We the undersigned believe that all North Carolinians should get good health care when they need it. In the May, 2000 session of the General Assembly, we urge our state lawmakers to vote for Horse Bill 139d, "An Act to Amend the Constitution of North Carolina to Recognize the Right to Health Care." Passage of this bill would enable citizens to vote on this constitutional amendment in the November election. If the referendum passes, the General Assembly would, by May 31, 2004, approve a plan, which ensures that all North Carolinians can get appropriate health care on a regular basis. Endorsers of HB 1396 HEALTH CARBS FOR ALL as of 4/10/Od James A. B_ry_an_I1,_MD, FACP-(Professor of Medicine and Social Medicine, UNC, Chapel Hill; Governor of the American College of Physicians NC Chapter and NC Society of Internal Medicine) Gordon H. Defriese, Ph.D. (Director, Cecil G. Sheps Center for Health Services Research) John Hope_Franklin, Ph.D. (James B. Duke Professor of History Emeritus and Chair of the Advisory Board for President Clinton's Initiative on Race) William C. Friday (President Emeritus, The University of North Carolina) Christopher C. Fordham III, MD (Professor of Medicine, Emeritus, UNC; former dean of the UNC School of Medicine; and former Chancellor of UNC -Chapel Hill) Wib Gulle (Member, North Carolina Senate) Charles B. Hammond, MD (Professor and Chair of Obstetrics and Gynecology, Duke UJniversity) Nanny M. P._King,__JD (Professor of Social Medicine, UNC-Chapel Hill) Ronald H. Levine, MD, MPH (Clinical Professor of Health Policy and Administration, UNC, Chapel Hill; former State Health Director) Dick Monteith (Former Mayor of Wake Forest, NC) Eric B. Munson (President and Chief Executive Officer, the University of North Carolina Hospitals) Denise Nadeau, MD (Medical Director, Orange-Durham County Planned Parenthood) Pam Silberman, JD, DrPH. (Associate Director for Policy Analysis, Cecil G. Sheps Center for Health Services Research, UNC-CH; Vice President of the NC Institute of Medicine) And the following organizations: NC Pediatric Society NC Public Health Association N,C Nurses Association National Association of Social Workers-North Carolina Chapter (NASW NC) National Alliance for the Mentally III -North Carolina NC Coalition of Mental Health Professionals and Consumers, Inc. NC Health Access Coalition American Medical Student Association at UNC, Chapel Hill NC Council of Churches Charles M. Jones Peace and Justice Committee of the Community Church, Chapel Hill . NC Society for Ethical Culture North Carolina State AFL-CIO NC Fair Share NC Hunger Network The Advocacy for the Poar, Winston-Salem NC Consumers' Council American Association of Retired Persons, AARP - NC Chapel Hill Area Chapter of NC - AARP Democracy South Durham People's Alliance North Carolina Public Interest Research Group, NC-PIRG A RESOLUTION SUPPORTING HOUSE BILL ].39G AN AMENDMENT TO THE CONSTITUTION OF NORTH CAROLINA TO RECOGNIZE HEALTH CARE AS A FUNDAMENTAL RIGHT OF ALL RESIDENTS. WHEREAS, Representative Verla Insko introduced House Bill 1396 into the General Assembly of North Carolina, Session 1999 - 2000, to amend the Constitution ofNorth Carolina, as follows: Sec. 38. Health Care (1) Basic right. Health care is an essential safeguazd of human life, and there is an obligation for the state to ensure that every resident is able to obtain this fundamental right. No later than May 31, 2004, the General Assembly shall provide by law a plan that enables every resident of the State to obtain appropriate health caze on a regulaz basis. (2) No money damages; other enforcement. Nothing in this section shall be construed as creating a claim fog monetary damages against the State, a county, a municipality, or any of the agencies, instrumentalities, or employees thereof. The General Assembly may provide for other remedies to ensure adequate enforcement of this section. WHEREAS, 1 S% of North Cazolinas population, or over a million people, gaze without health insurance and this numbex has increased S7% over the last seven yeazs which is a growth rate two to three times greater than the national average, and WHEREAS, 74% of uninsured adults in North Carolina aze employed, and the majority of these lack coverage because their employer does not offer a health benefit or, if they do, it is too costly, and WHEREAS, reseazch has demonstrated that the uninsured, even those who are sick, chronically ill, or have special health care needs, get less health care than those who have insurance and are mare likely to delay getting the care they need and less likely to use preventative services, and WHEREAS, Medicare does not currently cover prescription medications and the average out-af- pocket spending far health care of a typical elderly person is 23% of their income, and WHEREAS, 30% of those financially eligible for Medicaid are not covered because of other restrictions, and WHEREAS, the United States is the only industrialized nation in the world that does not provide health caze for all its citizens, and (over) WHEREAS, European countries, including the countries that have amulti-payer system, spend less than 10% of their Gross Domestic Froduct on health caze, compared to 14% spent by United States citizens, and WHEREAS, a majority of citizens in the United States and in North Cazolina believe that every citizen should have access to health caze on a regulaz basis, and WHEREAS, the findings of the 1994 NC Health Study Commission Found that insuring all North Carolinians was financially feasible. WHEREAS, HR 1396: ^ would not require that the state become a health caze provider or insurer, ^ would not prescribe any particular mechanism to meet the obligation of providing access to health care for all, ^ would not expose health care providers to lawsuits just because they refused to provide care for a specific individual who demands it, ^ would not require that the state provide health care to illegal aliens, and WHEREAS, HR 1396 would put the proposed constitutional amendment on the ballot giving the citizens of North Carolina the chance to express their will on this issue in November and if passed require that the General Assembly provide a plan to ensure access to appropriate health care on a regulaz basis for all residents of North Carolina, and THEREFORE BE IT RESOLVED BY THE (Insert name of county) BOARD OF COMMISSIONERS THAT: 1. We publicly endorse HR 1396 and support its passage by both houses of the North Carolina General Assembly during the 1999-2000 session so that the question of a constitutional amendment may be posed to the people of North Cazolina during the general election in November 2000. 2. A copy of this resolution will be sent to Governor Jun Hunt, Senator Marc Basnight, President Pro Tempore, Rep. Jim Black, Speaker of the House, Rep. Bill Culpepper, Chairman of the House Rules Committee, and to the members of the North Carolina General Assembly who represent this county.