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

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