Bill Text: MS HB647 | 2014 | Regular Session | Introduced
Bill Title: Mississippi Health Care Freedom of Choice Act; create.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [HB647 Detail]
Download: Mississippi-2014-HB647-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Insurance
By: Representative Formby
House Bill 647
AN ACT TO CREATE THE MISSISSIPPI HEALTH CARE FREEDOM OF CHOICE ACT; TO PROHIBIT CERTAIN LAWS REGARDING HEALTH CARE; TO PROVIDE THAT EVERY PERSON WITHIN THIS STATE MUST BE FREE TO CHOOSE OR DECLINE TO CHOOSE HEALTH INSURANCE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) To preserve the freedom of Mississippians to provide for their health care and to insure the preservation of a free market for health care in Mississippi, it is the public policy of this state that every person within Mississippi is and shall be free to choose or decline to choose any mode of securing health care services without penalty or threat of penalty:
(a) No law or rule shall compel, directly or indirectly, any person, employer or health care provider to participate in any health care system, including a health care insurance plan.
(b) Every person within this state is and shall be free to choose or to decline to choose any mode of securing health care services without penalty or threat of penalty.
(i) A person or employer may pay directly for lawful health care services and shall not be required to pay penalties, taxes 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.
(ii) Every person within this state has the right to purchase health insurance or to refuse to purchase health insurance. The government may not interfere with a person's right to purchase health insurance or with a person's right to refuse to purchase health insurance. The government may not enact a law that would restrict these rights or that would impose a form of punishment for exercising either of these rights. Any law to the contrary shall be void ab initio.
(iii) Subject to reasonable and necessary rules that do not substantially limit a person's options, the sale of health insurance in private health care systems shall not be prohibited by law or rule.
(c) No public official, employee, or agent of this state or any of its political subdivisions shall act to impose, collect, enforce, or effectuate any penalty in this state that violates the rights set forth in this section.
(d) The Attorney General shall take such action as is provided in Sections 7-5-1 and 7-5-37 in the defense or prosecution of rights protected under this act.
(3) This section does not:
(a) Affect which health care services a health care provider or hospital is required to perform or provide.
(b) Affect which health care services are permitted by law.
(c) Prohibit care provided pursuant to any law of this state relating to workers compensation.
(d) 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.
(4) For the purposes of this section:
(a) "Compel" includes the imposition of a penalty, tax, fee or fine.
(b) "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.
(c) "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.
(d) "Lawful health care services" means any service, treatment, or provision of product for the care of physical or mental disease, illness, injury, defect or condition, or to otherwise maintain or improve physical or mental health, subject to all laws and rules regulating health service providers and products within this state.
(e) "Penalty," "tax," "fee," or "fine" means any civil or criminal penalty or tax, fee, fine, salary or wage withholding or surcharge or any other imposed consequence established by law or rule of a government or agency that is used to punish or discourage the exercise of rights protected under this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2014.
