--- From: Steve Lilienthal Re: Model State Emergency Health Powers Act Date: December 5 The following commentary discusses the sprouting opposition to the Model State Emergency Health Powers Act. MEHPA is being pushed by the Department of Health & Human Services on the states and an analysis of its provisions by the American Legislative Exchange Council found it "[s]trips individuals and families of their rights and liberties at the expense of government." Furthermore, MEHPA appears to be a dream come true for the trial lawyer lobby and government is granted "overly sweeping takings rights" in ALEC's view. Free Congress Foundation president Paul Weyrich examined the threat that MEHPA posed in an earlier commentary titled "Another Conservative Goes Native" in which he expressed disappointment in HHS Secretary Tommy Thompson for allowing his agency to advance such a proposal. That can be found at: www.freecongress.org Steve Lilienthal Media Relations Free Congress Foundation 202-204-5304 slilienthalat_private www.freecongress.org --- Free Congress Foundation's Notable News Now December 4, 2001 The Free Congress Commentary A Bad Idea Coming Your Way By Steve Lilienthal When Paul Weyrich wrote "Another Conservative Goes Native" two weeks ago, he described the proposed "Model State Emergency Health Powers Act" (MEHPA) that is being pushed on the states by the Department of Health & Human Services. It will soon start winding its way through state legislatures. The National Conference of State Legislatures, which has a decided orientation toward more regulation, is meeting in Washington this week, and Lawrence O. Gostin, the leading proponent of MEHPA, will be there to promote the model bill. So expect state legislators upon returning from Washington to start filing MEHPA bills ASAP. Unless citizens learn about and speak out against MEHPA, the measure will become law in many states. Fortunately, the word is starting to go out about just what this legislation means to our civil liberties. The proposal represents a draconian move by the "we know best" lobbies representing the public health establishment. The National Conference of State Legislatures and the National Governors Association are also joining in the effort to foist MEHPA on the states. The measure grants governors the ability to declare a state of emergency to deal with the threat of bioterrorism or an "epidemic" which is a very broad definition and one that could lead to abuse. Remember: This same public health lobby often talks about an "epidemic of violence" that they blame on guns, not the people who decide to pick them up and squeeze the trigger. They talk of an "epidemic of obesity" and, in this month's Washington Monthly, a professor at the Tulane University School of Public Health and Tropical Medicine named Tom Farley co-authored an article in which he argued that "we'd better start treating obesity like an infectious epidemic." While the article did not address MEHPA, it provides an insight into the current mindset of the public health establishment that favors sweeping "collective action" rather than individual responsibility on matters where, in decades past, it would not have wanted such draconian steps to be taken. For that reason, the gun owners and those manufacturers and distributors of `politically incorrect' items such as cigarettes and alcohol, even candy bars have every reason to be concerned given that MEHPA says in regard to the "access to and control of facilities and property -- generally" that the state should have the power "To control, restrict, and regulate by rationing and using quotas, prohibitions on shipments, price fixing, allocations or other means, the use, sale, dispensing, distribution, or transportation of food, fuel, clothing, and other commodities, alcoholic beverages, firearms, explosives, and combustibles, as may be reasonable and necessary for emergency response." This would only last for as long as the state of a declared emergency exists, but of course who will be exercising and influencing that power? As Robert Cihak and Michael Arnold Glueck, both Harvard trained diagnostic radiologists, wrote in their column called "Political War Profiteering" that was published by WorldNetDaily www.worldnetdaily.com on November 29: "Some of the provisions in the model law have 30- and 60-day limitations. But governments have been known to play endless `clocking' games with such limitations. There's also nothing to keep the governor from declaring rolling threats, one after another, if he or she desires." Legislation modeled after MEHPA has already been introduced in Minnesota, and the American Legislative Exchange Council expects it will soon appear in Illinois, Maryland, Massachusetts, Nevada, and California. Fortunately, ALEC www.alec.org is starting to raise the awareness of just what is in MEHPA. And the Association of American Physicians and Surgeons www.aapsonline.org will also play a very active role in letting the public know just how detrimental this legislation will be. The Institute for Health Freedom <www.forhealthfreedom.org> will also be scrutinizing MEHPA and its implications. Concerned citizens should regularly consult the web pages of these organizations as well as those of the Free Congress Foundation www.freecongress.org to learn more about how this battle is unfolding. There is a more sensible course than MEHPA and the AAPS in its draft analysis of the model legislation makes some common sense recommendations to help ensure protection of citizens. For their part, Glueck and Cihak urge the states to take the prudent step of reviewing their existing laws and to make necessary revisions according to their needs and changing conditions when necessary. However, they warn that the byzantine bureaucratic babble that is MEHPA is no solution to a real emergency -- at least from the citizen's standpoint. MEHPA is, of course, just what the liberal public health community ordered to maximize their power. Indeed, the spearhead for this model bill is a center for public health law at Georgetown and Johns Hopkins universities that is funded by the Centers for Disease Control and Prevention. Despite its admirable sounding title, the CDC is as much - if not more - concerned with enacting a political agenda as it is with ensuring public safety. A visit to the AAPS webpage to view its draft analysis of MEHPA is very worthwhile, particularly to learn more about Lawrence O. Gostin, its leading proponent, and his background and ideological outlook Cihak and Glueck conclude their column by advising that "governments, like doctors, should `First, do no harm.'" It's sound advice and one that the American citizens should press upon their state legislators in the coming months as MEHPA bills are considered. An "epidemic" of overzealous government regulations is one we can easily do without. Steve Lilienthal is media relations director for the Free Congress Foundation. For media inquiries, contact Steve Lilienthal slilienthalat_private For other questions or comments, contact Angie Wheeler awheelerat_private <mailto:awheelerat_private> Visit Our Website at <http://www.FreeCongress.org> This publication is a service of the Free Congress Research and Education Foundation, Inc. (FCF) and does not necessarily reflect the views of the Free Congress Foundation nor is it an attempt to aid or hinder the passage of any bill. Free Congress Foundation * 717 Second Street, NE * Washington, DC 20002 * 202.546.3000 * Fax: 202.544.2819 ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. 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