What does it mean if a state declares that health care is a right?

Oregon may soon find out. The state’s House of Representatives just approved adding an amendment to the state constitution stating, "It is the obligation of the state to ensure that every resident of Oregon has access to cost-effective, medically appropriate and affordable health care as a fundamental right."

If the bill is approved by the State Senate, where Democrats also enjoy a large majority, the next step will be for voters to ratify the amendment on the ballot this November.

It’s unclear what effect such a law would have in terms of state budgeting. Would courts find that its current efforts to provide health care to low-income people, through Medicaid and other programs, comply with the constitutional mandate to ensure access for every Oregon resident?

"Some states have an extensive history of considering universal health coverage, going back 15 to 20 or more years," Richard Cauchi, a researcher with the National Conference of State Legislatures, tells ABC News. "However, no such binding ballot question language has been passed and added to a state constitution."

While those on the left have long pushed for universal health care, arguing that it is a moral obligation of government, Democrats in Oregon are also pointing to the attempts by Republicans at the federal level to chip away at national health programs, notably Medicaid and the Affordable Care Act, as proof that the state needs to step up its role.

"If I didn't have insurance, I wouldn't be here," said Rep. Mitch Greenlick, who described his fight with lymphoma since 2005. "I would be dead."

Republicans, meanwhile, have raised concerns about the cost and argued that the state may be creating an open-ended benefit that it is unable to afford.

"What's been said today is there is no plan. We have no idea how much it will cost," said Rep. Mike McLane, the House GOP leader.

Democrats at both the state and federal level are increasingly under pressure from the liberal base of their party to endorse the “Medicare-for-All” plan most prominently championed by Bernie Sanders.

So far, however, no state effort to guarantee health care has succeeded. Efforts by lawmakers in Vermont and California to set up single-payer health care plans fell through due to fears of the cost and a ballot initiative in Colorado to set up a single-payer system was defeated in the wake of opposition from leaders in both parties.

Instant Insights /

Oregon moves to make health care a constitutional right

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