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For the past year, AARP has been fighting to protect the health care benefits seniors have earned and to stop insurance companies from denying care. We support legislative proposals that will protect guaranteed Medicare benefits, prevent insurance companies from denying affordable care based on age or pre-existing conditions, lower drug costs and ensure access to doctors. We believe deeply that Washington gridlock must not stand in the way of much-needed reforms that will help older Americans afford the care and medications they need.

AARP also believes that the citizens of Maryland shouldn't be denied these benefits by their state legislature.

The Health Care Freedom Act currently before the General Assembly (SB397/HB 603) seeks to amend the Maryland Constitution by placing a measure on the 2010 ballot prohibiting laws that restrict or interfere with choice of health care plans or direct payment for medical services. The act's intent is to nullify proposed federal health reform legislation.

SB397's language is deceptively simple. "Preserving the freedom" of Marylanders to provide for their health care sounds good, until one understands that this proposal will freeze into the constitution provisions that will tie the hands of current and future legislators, regardless of whether federal health care reform is enacted or not.

SB397 is more than just a symbolic gesture. Its language is subject to many interpretations, and is likely to draw the state into costly and lengthy litigation. These lawsuits will only deplete already-scarce state resources and will not benefit Maryland residents. Our health care shouldn't end up in the courts — that's no one's idea of "freedom of choice."

The unintended consequences of this bill also would likely include the weakening of our state's regulatory authority over health insurance. It could negate carefully constructed existing law, as well as weaken the authority of the Maryland Insurance Administration to regulate the industry and to protect consumers.

If federal health care reform is enacted, this constitutional amendment may prevent state lawmakers from fully participating in all available options provided in the legislation and in determining exactly what policies to put in place. Maryland lawmakers need to have a full array of options to choose from to make sure that implementation decisions are made in Maryland, not Washington D.C.

In short, this legislation will irrevocably reduce the health care options of Maryland legislators, regulators, patients and their families.

AARP represents about 850,000 members across the state of Maryland, and nearly 40 million nationwide. Many of our members — especially those aged 50 to 65 — are very concerned about having quality, affordable health care coverage. More than 100,000 Marylanders ages 50 to 64 are uninsured, and nearly one in six residents has Medicare. That's why AARP supports efforts at both the national and state levels to reform our broken health care system.

If and when health care reform is implemented, AARP will work to ensure that it improves the state's ability to deliver health care for its citizens. We believe a reform bill that protects guaranteed Medicare benefits for today's seniors and ensures older Americans have access to the health care they need now and when they retire is too important to become a turf war between the state and the federal government.

Rawle Andrews Jr. is interim state director of AARP in Maryland.