AGENDA #4f

MEMORANDUM

 

TO:                  Town Council

 

FROM:            Mayor Rosemary Waldorf
                       

SUBJECT:       Resolution in Support of House Bill 1396

 

DATE:             May 22, 2000

 

BACKGROUND AND DISCUSSION

 

Representative Verla Insko asks the Council’s support for House Bill 1396, “An Act to Amend the Constitution of North Carolina to Recognize the Right to Health Care” (Attachment 1).

 

Rep. Insko introduced the bill in 1999 and states that the General Assembly will consider it again this month.  A copy of the bill is attached, with other supporting information (Attachments 2-4).  If the General Assembly approves the bill, a question 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 ensure access to health care for every North Carolinian.    

 

RECOMMENDATION

 

That the Council approve the attached Resolution in support of House Bill 1396.

 

ATTACHMENTS

 

1.                  April 26, 2000 letter from Rep. Verla Insko to Mayor Waldorf

2.                  House Bill 1396

3.                  North Carolina Committee to Defend Health Care (statement)

 

A RESOLUTION SUPPORTING HOUSE BILL 1396, AN AMENDMENT TO THE NORTH CAROLINA CONSTITUTION, TO RECOGNIZE HEALTH CARE AS A FUNDAMENTAL RIGHT OF ALL RESIDENTS (2000-05-22/R-6)

 

WHEREAS, Representative Verla Insko introduced House Bill 1396 to the North Carolina General Assembly, Session 1999-2000, to amend the North Carolina Constitution as follows:

 

Sec. 38. Health Care

 

(1)   Basic right.  Health care is an essential safeguard 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 care on a regular basis.

(2)   No money damages; other enforcement.  Nothing in this section shall be construed as creating a claim for monetary damages against the State, a county, a municipality, or any of the agencies, instrumentalities, or employees therof.  The General Assembly may provide for other remedies to ensure adequate enforcement of this section.

 

WHEREAS, the number of North Carolinians without health insurance has grown two to three times greater than the national average; and,

 

WHEREAS, HR 1396 would not require that the State become a health care provider or insurer, nor would it expose health care providers to lawsuits just because they refused to provide care for a specific individual who demanded it;

 

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill supports House Bill 1396.

 

This the 22nd day of May, 2000.