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Prop. 101 debate hinges on issue of medical choice


Voters will decide Nov. 4 whether to forbid laws that would restrict the ability of citizens to choose doctors, treatment plans or health plans.

Supporters say Proposition 101 is needed to prevent a state-run universal health care system that they say would take away patient choice.

Opponents contend the measure carries vague language that could be interpreted by the courts in a way that costs the Arizona Health Care Cost Containment System. AHCCCS provides care for low-income residents, hundreds of millions of dollars a year.

A group calling itself Medical Choice for Arizona introduced the measure, dubbing it the Freedom of Choice in Health Care Act. Dr. Eric Novack and Dr. Jeffrey Singer, both Phoenix surgeons, put forward the measure.

“It is absolutely essential for people to remain in control of their health and health care decisions,” Novack said.

The proposition would amend the state Constitution to prevent future laws restricting an individual’s or entity’s choice of private health care or their right to pay directly for medical services.

Political strategist Jaime Molera, who serves as spokesman for the opposition, said the proposition’s vague language could lead to expensive problems.

“The simple answer is that this is a very poorly written initiative and would have significant — and some would consider dire — consequences for Arizona’s health system,” Molera said.

Molera said the measure would have an indirect affect on AHCCCS because the program assigns physicians who then decide what treatments a user can receive and what specialists he or she can visit. He said this could be interpreted by courts as inhibiting an individual patient’s right to choose, which Anthony Rodgers, the director of AHCCCS, has said could be costly for the state.

While saying he wasn’t taking sides on the issue, Rodgers issued an open letter to taxpayers saying a court ruling based on Proposition 101 could force AHCCCS to switch from a managed-care model to fee-for-service model, which he said could cost the state $1 billion a year.

Novack, the co-sponsor, said that argument is unjustified.

“AHCCCS is not affected because it is a voluntary program, people join it by choice and just like anyone who joins a private health insurance plan, either as a patient or a provider, when you choose something you are subject to the restrictions,” Novack said.

In Massachusetts, a state that is transitioning to nearly universal health coverage, residents face tax penalties if they can afford health insurance but choose to go without it.

Proposition 101 would prevent such fees.

“You should have the right to not participate in government-run health care,” Novack said.


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