With legislation, Marshall continues health care fight

RICHMOND -- Health care legislation's fate in Washington may be in doubt, but that doesn't mean Del. Robert G. "Bob" Marshall is relaxing in his fight against the issue.

Why would he, the Republican said Friday, when President Barack Obama is still pushing for reform?

"He hasn't backed away from this," said Marshall, who represents western Prince William County.

A bill by Marshall that would halt federal requirements to buy health insurance passed the House of Delegates on Thursday, and similar bills were approved Friday.

Marshall's bill, the Virginia Health Care Freedom Act, was approved, 72-26, and moved to the Senate, where it will be discussed by the Commerce and Labor Committee.

The three comparable bills already approved by the Senate were passed by the House by votes of 67-29, 67-28 and 66-29.

They now need only approval from Gov. Robert F. "Bob" McDonnell to become law, whereas Marshall's legislation needs Senate and gubernatorial approval.

The delegate's bill differs from the Senate versions on two points. It says that the Virginia Health Care Freedom Act doesn't address "what constitutes lawful medical services" in the state, and that individuals can't be fined for declining insurance coverage "except as required by a court" in which they're party to a legal matter.

Though it might seem, then, that the bills would be combined into one piece of legislation, Marshall said they need not be merged because they deal with different aspects of state law.

Democrats generally have been in favor of reform legislation and Republicans opposed to it.

But the Senate bills were able to make it through that chamber, where the GOP is in the minority, because five Dems voted along with all 18 Republicans to approve them.

One of those five was Sen. Charles J. Colgan, who represents Manassas, Manassas Park and part of western Prince William.

He said Friday that he had received mail from people on both sides of the issue but that he just doesn't think government should mandate insurance coverage for Americans.

For example, he said, "What if they can't afford it?"

In addition, Marshall has said that government shouldn't be able to compel a person to enter into a contract with the threat of a fine.

Supporters of reform bills in Congress, meanwhile, point to the fact that drivers are required to buy auto insurance.

If federal law mandated coverage and state statutes decried that notion, there could be a constitutional battle, and state Attorney General Kenneth T. Cuccinelli II said he's ready to tussle.

In a Feb. 3 appearance on the Fox Business Network, the Republican said he's "looking forward to that contest if they want to bring that fight."

For his part, Marshall feared Friday that his bill was being sent to a Senate committee with a majority of members who likely would vote to kill it.

"It's very curious," he said, noting that the three similar Senate bills were sent to the Commerce and Labor Committee while his legislation was initially slated for the Education and Health panel.

No nefarious intention emerged, however. Senate Clerk Susan Clarke Schaar said she simply referred the bill to the wrong committee and would reassign it to Commerce and Labor.

Staff writer Jonathan Hunley can be reached at 703-369-5738.