CS/HJR 37

1	House Joint Resolution
2	A joint resolution proposing the creation of Section 28 of
3	Article I of the State Constitution, relating to health
4	care services.
5
6	Be It Resolved by the Legislature of the State of Florida:
7
8	That the following creation of Section 28 of Article I of
9	the State Constitution is agreed to and shall be submitted to
10	the electors of this state for approval or rejection at the next
11	general election or at an earlier special election specifically
12	authorized by law for that purpose:
13	ARTICLE I
14	DECLARATION OF RIGHTS
15	SECTION 28.  Health care services.-
16	(a)  To preserve the freedom of all residents of the state
17	to provide for their own health care:
18	(1)  A law or rule may not compel, directly or indirectly,
19	any person, employer, or health care provider to participate in
20	any health care system.
21	(2)  A person or employer may pay directly for lawful
22	health care services and may not be required to pay penalties or
23	fines for paying directly for lawful health care services. A
24	health care provider may accept direct payment for lawful health
25	care services and may not be required to pay penalties or fines
26	for accepting direct payment from a person or employer for
27	lawful health care services.
28	(b)  Subject to reasonable and necessary rules that do not
29	substantially limit a person's options, the purchase or sale of
30	health insurance in private health care systems shall not be
31	prohibited by law or rule.
32	(c)  This section does not:
33	(1)  Affect which health care services a health care
34	provider is required to perform or provide.
35	(2)  Affect which health care services are permitted by
36	law.
37	(3)  Prohibit care provided pursuant to general law
38	relating to workers' compensation.
39	(4)  Affect laws or rules in effect as of March 1, 2010.
40	(5)  Affect the terms or conditions of any health care
41	system to the extent that those terms and conditions do not have
42	the effect of punishing a person or employer for paying directly
43	for lawful health care services or a health care provider for
44	accepting direct payment from a person or employer for lawful
45	health care services.
46	(d)  For purposes of this section:
47	(1)  "Compel" includes the imposition of penalties or
48	fines.
49	(2)  "Direct payment" or "pay directly" means payment for
50	lawful health care services without a public or private third
51	party, not including an employer, paying for any portion of the
52	service.
53	(3)  "Health care system" means any public or private
54	entity whose function or purpose is the management of,
55	processing of, enrollment of individuals for, or payment, in
56	full or in part, for health care services, health care data, or
57	health care information for its participants.
58	(4)  "Lawful health care services" means any health-related
59	service or treatment, to the extent that the service or
60	treatment is permitted or not prohibited by law or regulation,
61	which may be provided by persons or businesses otherwise
62	permitted to offer such services.
63	(5)  "Penalties or fines" means any civil or criminal
64	penalty or fine, tax, salary or wage withholding or surcharge,
65	or any named fee with a similar effect established by law or
66	rule by an agency established, created, or controlled by the
67	government which is used to punish or discourage the exercise of
68	rights protected under this section.
69	BE IT FURTHER RESOLVED that the following statement be
70	placed on the ballot:
71	CONSTITUTIONAL AMENDMENT
72	ARTICLE I, SECTION 28
73	HEALTH CARE SERVICES.-Proposing an amendment to the State
74	Constitution to prohibit laws or rules from compelling any
75	person, employer, or health care provider to participate in any
76	health care system; permit a person or employer to purchase
77	lawful health care services directly from a health care
78	provider; permit a health care provider to accept direct payment
79	from a person or employer for lawful health care services;
80	exempt persons, employers, and health care providers from
81	penalties and fines for paying or accepting direct payment for
82	lawful health care services; and permit the purchase or sale of
83	health insurance in private health care systems. Specifies that
84	the amendment does not affect which health care services a
85	health care provider is required to perform or provide; affect
86	which health care services are permitted by law; prohibit care
87	provided pursuant to general law relating to workers'
88	compensation; affect laws or rules in effect as of March 1,
89	2010; or affect the terms or conditions of any health care
90	system to the extent that those terms and conditions do not have
91	the effect of punishing a person or employer for paying directly
92	for lawful health care services or a health care provider for
93	accepting direct payment from a person or employer for lawful
94	health care services.

CODING: Words stricken are deletions; words underlined are additions.