HJR 1

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	CONSTITUTIONAL AMENDMENT
85	ARTICLE I, SECTION 28
86	HEALTH CARE SERVICES.-Proposing an amendment to the State
87	Constitution to prohibit laws or rules from compelling any
88	person, employer, or health care provider to participate in any
89	health care system; permit a person or an employer to purchase
90	lawful health care services directly from a health care
91	provider; permit a health care provider to accept direct payment
92	from a person or an employer for lawful health care services;
93	exempt persons, employers, and health care providers from
94	penalties and fines for paying directly or accepting direct
95	payment for lawful health care services; and permit the purchase
96	or sale of health insurance in private health care systems.
97	Specifies that the amendment does not affect which health care
98	services a health care provider is required to perform or
99	provide; affect which health care services are permitted by law;
100	prohibit care provided pursuant to general law relating to
101	workers' compensation; affect laws or rules in effect as of
102	March 1, 2010; affect the terms or conditions of any health care
103	system to the extent that those terms and conditions do not have
104	the effect of punishing a person or an employer for paying
105	directly for lawful health care services or a health care
106	provider for accepting direct payment from a person or an
107	employer for lawful health care services; or affect any general
108	law passed by two-thirds vote of the membership of each house of
109	the Legislature, passed after the effective date of the
110	amendment, provided such law states with specificity the public
111	necessity justifying the exceptions from the provisions of the
112	amendment. The amendment expressly provides that it may not be
113	construed to prohibit negotiated provisions in insurance
114	contracts, network agreements, or other provider agreements
115	contractually limiting copayments, coinsurance, deductibles, or
116	other patient charges.

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