CS/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 an 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 an 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 may 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 an employer for paying
43	directly for lawful health care services or a health care
44	provider for accepting direct payment from a person or an
45	employer for lawful health care services, except that this
46	section may not be construed to prohibit any negotiated
47	provision in any insurance contract, network agreement, or other
48	provider agreement contractually limiting copayments,
49	coinsurance, deductibles, or other patient charges.
50	(6)  Affect any general law passed by a two-thirds vote of
51	the membership of each house of the legislature after the
52	effective date of this section, if the law states with
53	specificity the public necessity that justifies an exception
54	from this section.
55	(d)  As used in this section, the term:
56	(1)  "Compel" includes the imposition of penalties or
57	fines.
58	(2)  "Direct payment" or "pay directly" means payment for
59	lawful health care services without a public or private third
60	party, not including an employer, paying for any portion of the
61	service.
62	(3)  "Health care system" means any public or private
63	entity whose function or purpose is the management of,
64	processing of, enrollment of individuals for, or payment, in
65	full or in part, for health care services, health care data, or
66	health care information for its participants.
67	(4)  "Lawful health care services" means any health-related
68	service or treatment, to the extent that the service or
69	treatment is permitted or not prohibited by law or regulation,
70	which may be provided by persons or businesses otherwise
71	permitted to offer such services.
72	(5)  "Penalties or fines" means any civil or criminal
73	penalty or fine, tax, salary or wage withholding or surcharge,
74	or named fee with a similar effect established by law or rule by
75	an agency established, created, or controlled by the government
76	which is used to punish or discourage the exercise of rights
77	protected under this section. For purposes of this section only,
78	the term "rule by an agency" may not be construed to mean any
79	negotiated provision in any insurance contract, network
80	agreement, or other provider agreement contractually limiting
81	copayments, coinsurance, deductibles, or other patient charges.
82	BE IT FURTHER RESOLVED that the following title and
83	statement be placed on the ballot:
84	HEALTH CARE FREEDOM
85	CONSTITUTIONAL AMENDMENT
86	ARTICLE I, SECTION 28
87	HEALTH CARE SERVICES.-Proposing an amendment to the State
88	Constitution to ensure access to health care services without
89	waiting lists, protect the doctor-patient relationship, guard
90	against mandates that don't work, prohibit laws or rules from
91	compelling any person, employer, or health care provider to
92	participate in any health care system; permit a person or an
93	employer to purchase lawful health care services directly from a
94	health care provider; permit a health care provider to accept
95	direct payment from a person or an employer for lawful health
96	care services; exempt persons, employers, and health care
97	providers from penalties and fines for paying directly or
98	accepting direct payment for lawful health care services; and
99	permit the purchase or sale of health insurance in private
100	health care systems. Specifies that the amendment does not
101	affect which health care services a health care provider is
102	required to perform or provide; affect which health care
103	services are permitted by law; prohibit care provided pursuant
104	to general law relating to workers' compensation; affect laws or
105	rules in effect as of March 1, 2010; affect the terms or
106	conditions of any health care system to the extent that those
107	terms and conditions do not have the effect of punishing a
108	person or an employer for paying directly for lawful health care
109	services or a health care provider for accepting direct payment
110	from a person or an employer for lawful health care services; or
111	affect any general law passed by two-thirds vote of the
112	membership of each house of the Legislature, passed after the
113	effective date of the amendment, provided such law states with
114	specificity the public necessity justifying the exceptions from
115	the provisions of the amendment. The amendment expressly
116	provides that it may not be construed to prohibit negotiated
117	provisions in insurance contracts, network agreements, or other
118	provider agreements contractually limiting copayments,
119	coinsurance, deductibles, or other patient charges.

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