A new report by the National Institute on Money in State Politics (NIMSP) showed that significant money was spent by health interests to pass a constitutional amendment in 14 states, including New Mexico, which would allow the state to opt out of any public health plan enacted by the federal government. Two New Mexico bills, one in the House and one in the Senate, failed in committee.

According to the NIMSP, health care interests donated more than $1.5 million to New Mexico elected officials and party committees between 2003 and 2008, including nearly $400,000 given by health insurance companies.

The campaign began in Arizona in 2007, when a Phoenix, Arizona orthopedic surgeon, Erik Novack, enlisted the help of the conservative Goldwater Institute to draft legislation to block health insurance reform in Arizona, accordin to the NIMSP. Though the public narrowly defeated the legislation, the American Legislative Exchange Council (ALEC) made the bill a model for state legislation in other states.

State Reps. Paul Bandy, R-Aztec, and Kent Cravens, R-Albuquerque, are ALEC chairmen.

In the 2009 regular legislative session, the Right to Decide on Health Care bill was introduced by Rep. Keith Gardner, R-Roswell. It failed in the House Voters and Elections Committee.

In the Senate, a bill was introduced by Sen. William Sharer, R-Farmington. The language in the bill itself was virtually identical, but the title of Sharer’s legislation was “Ban Health Care Coverage Mandates.” The bill failed in the Senate Rules Committee.

The fiscal impact report for Gardner’s legislation (pdf) and Sharer’s version showed the bill would have significant adverse effects on New Mexico’s health care if enacted.

The National Conference of State Legislatures has a list of similar legislation from around the country, including links to the language in each individual state.

So far, Arizona is the only state where such legislation has passed the legislature and made it on the ballot. Indiana, North Dakota, Wyoming and West Virginia join New Mexico as states that rejected such legislation.

It is not clear what federal legislation, if any, in health care reform will pass Congress and be signed by President Barack Obama.