Bill Text: GA HR1086 | 2009-2010 | Regular Session | Introduced
Bill Title: Health care system; no law shall compel participation; provide - CA
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2010-03-24 - House Reconsidered [HR1086 Detail]
Download: Georgia-2009-HR1086-Introduced.html
10 LC 28
4878ER
House
Resolution 1086
By:
Representatives Hill of the
21st,
May of the
111th,
Cooper of the
41st,
Byrd of the
20th,
Sheldon of the
105th,
and others
A
RESOLUTION
Proposing
an amendment to the Constitution so as to provide that no law or rule or
regulation shall compel any person, employer, or health care provider to
participate in any health care system and to authorize persons and employers to
pay directly for lawful health care services without penalties or fines; to
provide for the submission of this amendment for ratification or rejection; and
for other purposes.
BE
IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
I of the Constitution is amended by adding a new section to read as
follows:
"SECTION
V.
HEALTH CARE
HEALTH CARE
Paragraph
I.
Definitions.
As used in this section, the term:
(1)
'Compel' includes penalties or fines.
(2)
'Direct payment' or 'pay directly' means payment for lawful health care services
without a public or private third party, not including an employer, paying for
any portion of the service.
(3)
'Health care system' means any public or private entity whose function or
purpose is the management of, processing of, enrollment of individuals for, or
payment for, in full or in part, health care services or health care data or
health care information for its participants.
(4)
'Lawful health care services' means any health related service or treatment to
the extent that the service or treatment is permitted or not prohibited by law
or regulation that may be provided by persons or businesses otherwise permitted
to offer such services.
(5)
'Penalties or fines' means any civil or criminal penalty or fine, tax, salary or
wage withholding or surcharge, or any named fee with a similar effect
established by law or rule by a government established, created, or controlled
agency that is used to punish or discourage the exercise of rights protected
under this section.
Paragraph
II.
Health
care
protections.
(a) To preserve the freedom of citizens of this state to provide for their
health care:
(1)
No law or rule or regulation shall compel, directly or indirectly, any person,
employer, or health care provider to participate in any health care system;
and
(2)
A person or employer may pay directly for lawful health care services and shall
not be required to pay penalties or fines for paying directly for lawful health
care services. A health care provider may accept direct payment for lawful
health care services and shall not be required to pay penalties or fines for
accepting direct payment from a person or employer for lawful health care
services.
(b)
Subject to reasonable and necessary rules and regulations that do not
substantially limit a person's options, the purchase or sale of health insurance
in private health care systems shall not be prohibited by law or by rule or
regulation.
(c)
This section shall not:
(1)
Affect which health care services a health care provider or hospital is required
to perform or provide;
(2)
Affect which health care services are permitted by law;
(3)
Prohibit care provided pursuant to any statutes enacted by the General Assembly
relating to workers' compensation;
(4)
Affect laws or rules in effect as of January 1, 2009; or
(5)
Affect the terms or conditions of any health care system to the extent that
those terms and conditions do not have the effect of punishing a person or
employer for paying directly for lawful health care services or a health care
provider or hospital for accepting direct payment from a person or employer for
lawful health care
services."
SECTION
2.
The
above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot
submitting the above proposed amendment shall have written or printed thereon
the following:
"( ) YES
( ) NO
|
Shall
the Constitution of Georgia be amended so as to provide that no law or rule or
regulation shall compel any person, employer, or health care provider to
participate in any health care system and to authorize persons and employers to
pay directly for lawful health care services without penalties or
fines?"
|
All
persons desiring to vote in favor of ratifying the proposed amendment shall vote
"Yes." All persons desiring to vote against ratifying the proposed amendment
shall vote "No." If such amendment shall be ratified as provided in said
Paragraph of the Constitution, it shall become a part of the Constitution of
this state.