An Omaha state senator would like to amend the Nebraska Constitution to address proposed federal health care legislation.

A constitutional amendment (LR289CA) introduced by Sen. Beau McCoy would prohibit a state law that would restrict a person's choice of health care systems or private health plans, or interferes with paying directly for medical services.

The amendment, which would require a statewide vote, also would prohibit a penalty or fine for choosing or declining health care coverage, or participating in a particular health care plan.

At a hearing in front of the Health and Human Services Committee, McCoy said 30 states have filed such legislation. Arizona will have a measure on its 2010 ballot which would constitutionally override any law, rule or regulation that requires individuals or employers to participate in a particular health care system.

"We should give citizens of Nebraska the right to weigh in on this," McCoy said.

Senators on the committee said the Legislature must be careful about any unintended consequences and restrictions that could result from such a change to the Constitution.

"A sober discussion and clear examination of this issue is much needed," McCoy agreed.

Testifiers who supported the resolution said individuals need to have the final say in their health care choices.

"We need to protect the rights of Nebraskans from overzealous government and (from) bad policy," said Brad Stevens, state director of Americans for Prosperity-Nebraska, a group advocating limited government, individual freedoms and free market enterprise.

Opponents included Jon Bailey, with the Center for Rural Affairs, who said any future federal health care reform would supercede Nebraska law. This resolution is aimed at hypothetical state laws that would mandate health insurance, he said.

Jennifer Carter, with Nebraska Appleseed, which promotes health care access, said there is broad agreement that health care in this country is broken and something needs to be done.

"We see it as a collective problem that requires a collective solution," she said. "This might tie the Legislature's hands in deciding what might be the best collective solution."