Voters Provide Mixed Messages On Health Ballot Measures

The Affordable Care Act wasn鈥檛 directly on the ballot in any state, but voters did decide a host of health-related issues in Tuesday鈥檚 elections.聽 And there was no clear theme to what won and lost.

For example, voters in two states 鈥 North Dakota and Colorado 鈥 rejected so-called 鈥減ersonhood鈥 amendments that would have recognized rights for unborn fetuses.

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It was the third time since 2008 Colorado voters faced 鈥 and voted down 鈥 language to amend the state constitution to enshrine as a 鈥減erson鈥 those not yet born, sometimes from the moment of conception. This year鈥檚 version was slightly different. It would have written 鈥渦nborn human beings鈥 into the state鈥檚 criminal code and its Wrongful Death Act. As with the past two efforts, voters rejected this version 64 to 36 percent with 73 percent of the vote counted.

The North Dakota amendment, by contrast, would have added language to the state constitution stating, 鈥淭he inalienable right to life of every human being at any stage of development must be recognized and protected.鈥 It failed 64 to 36 percent.

Efforts to establish rights for the unborn have failed regularly even in very conservative places, as opponents have argued that such 鈥減ersonhood鈥 measures could , but some forms of birth control or in vitro fertilization.

Abortion opponents did not come away empty-handed, however. In Tennessee voters approved a measure that would effectively overturn a that found the state鈥檚 constitution guaranteed a right to abortion and prohibited most state restrictions.

The amendment, stating that 鈥淣othing in this Constitution secures or protects a right to abortion or requires the funding of an abortion,鈥 was approved with 53 percent of the vote. It is expected to when the Republican-dominated state legislature reconvenes next year.

In Arizona, voters, as expected, supported a 鈥溾 ballot measure that would allow, but not require, drug makers to provide not-yet-approved drugs to people with terminal illnesses. Colorado became the first state with a right-to-try law .

The effort has been pushed by the Libertarian , based in Arizona. Critics have worried that the laws could give those with terminal illnesses , particularly because drug makers are loathe to provide experimental drugs to those near death, since that could reflect badly on the drug.

Meanwhile, in California, two highly-publicized, health-related ballot measures went down to defeat.

One, Proposition 45, would have imposed the same public notice and transparency requirements for health insurance premium rates as voters approved for auto and homeowners insurance in 1988. It would also have given the state鈥檚 insurance commissioner the right to reject rate hikes deemed 鈥渆xcessive.鈥

The proposal was fiercely opposed by the health insurance industry, which . Opponents argued, among other things, that the proposal would have given too much power to the state鈥檚 elected insurance commissioner. With 95 percent of the votes counted, Proposition 45 was losing 60 to 40 percent.

California voters also turned back, 67 to 33 percent, an effort to raise the caps on damage awards for non-economic 鈥減ain and suffering鈥 in medical malpractice cases. The $250,000 maximum had not been raised since the California malpractice .

But Proposition 46 would also have made California the first state to require random drug and alcohol testing for physicians. That part of the proposal prompted many to turn against it.

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