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.
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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
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COMMITTEES:
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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.