TOPEKA, Kan. -- Kansas and Missouri are two of about 26 states that are considering opting out of the national health care plan.

State lawmakers don't want the federal government telling them what to do, but even so, it appears that the rebellion in Kansas does not have enough support to pass.

The national health care debate took center stage inside the Kansas House of Representatives on Monday morning when lawmakers tentatively passed an amendment to opt out of the national health care plan. Supporters need seven more votes by Tuesday to officially pass the resolution.

"We're still miles away from getting it accomplished, but I think the public, Kansans, are particularly concerned about this," said Rep. Kevin Yoder, an Overland Park Republican.

"It's turning our constitution into a piñata, that essentially cheapens the document," said Rep. Mike Slattery, a Democrat from Mission.

Slattery doesn't want to amend the state constitution because of the issue. With Florida threatening to sue the federal government, he wants to wait and let the courts decide whether Kansas can opt out. Until then, Slattery said he's ready to embrace the federal government health care program.

"There are pieces I like and pieces I'm concerned with," he said. "Obviously, reform has been desperately needed for decades."

The federal government does not have the 10th Amendment or constitutional authority to force Kansas to buy insurance," Yoder said.

Yoder and many other lawmakers don't like the mandate.

The Kansas Insurance Commissioner said it's critical that all people buy health insurance in order to keep costs down, otherwise Sandy Praeger said, "the only people buying insurance would be the sick and it would drive up the costs to the point where most people wouldn't be able to afford it."

Praeger said if Kansas opts out of the national plan, insurance companies in the state could continue to exclude customers because of their health history and the state could lose billions in federal money that will be used to finance the state's Medicaid program.

The House will vote on the health care reform amendment on Tuesday. Supporters need 84 votes for the measure to move on to a committee in the Senate. Last week, the Senate Judicial Committee voted the same issue down, so chances seem slim that the amendment would pass the Senate and come to a popular vote.