September 24, 2020
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_h0037c1
CS/HJR 37

1
House Joint Resolution
2A joint resolution proposing the creation of Section 28 of
3Article I of the State Constitution, relating to health
4care services.
5
6Be It Resolved by the Legislature of the State of Florida:
7
8     That the following creation of Section 28 of Article I of
9the State Constitution is agreed to and shall be submitted to
10the electors of this state for approval or rejection at the next
11general election or at an earlier special election specifically
12authorized 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
17to provide for their own health care:
18     (1)  A law or rule may not compel, directly or indirectly,
19any person, employer, or health care provider to participate in
20any health care system.
21     (2)  A person or employer may pay directly for lawful
22health care services and may not be required to pay penalties or
23fines for paying directly for lawful health care services. A
24health care provider may accept direct payment for lawful health
25care services and may not be required to pay penalties or fines
26for accepting direct payment from a person or employer for
27lawful health care services.
28     (b)  Subject to reasonable and necessary rules that do not
29substantially limit a person's options, the purchase or sale of
30health insurance in private health care systems shall not be
31prohibited by law or rule.
32     (c)  This section does not:
33     (1)  Affect which health care services a health care
34provider is required to perform or provide.
35     (2)  Affect which health care services are permitted by
36law.
37     (3)  Prohibit care provided pursuant to general law
38relating 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
41system to the extent that those terms and conditions do not have
42the effect of punishing a person or employer for paying directly
43for lawful health care services or a health care provider for
44accepting direct payment from a person or employer for lawful
45health care services.
46     (d)  For purposes of this section:
47     (1)  "Compel" includes the imposition of penalties or
48fines.
49     (2)  "Direct payment" or "pay directly" means payment for
50lawful health care services without a public or private third
51party, not including an employer, paying for any portion of the
52service.
53     (3)  "Health care system" means any public or private
54entity whose function or purpose is the management of,
55processing of, enrollment of individuals for, or payment, in
56full or in part, for health care services, health care data, or
57health care information for its participants.
58     (4)  "Lawful health care services" means any health-related
59service or treatment, to the extent that the service or
60treatment is permitted or not prohibited by law or regulation,
61which may be provided by persons or businesses otherwise
62permitted to offer such services.
63     (5)  "Penalties or fines" means any civil or criminal
64penalty or fine, tax, salary or wage withholding or surcharge,
65or any named fee with a similar effect established by law or
66rule by an agency established, created, or controlled by the
67government which is used to punish or discourage the exercise of
68rights protected under this section.
69     BE IT FURTHER RESOLVED that the following statement be
70placed on the ballot:
71
CONSTITUTIONAL AMENDMENT
72
ARTICLE I, SECTION 28
73     HEALTH CARE SERVICES.-Proposing an amendment to the State
74Constitution to prohibit laws or rules from compelling any
75person, employer, or health care provider to participate in any
76health care system; permit a person or employer to purchase
77lawful health care services directly from a health care
78provider; permit a health care provider to accept direct payment
79from a person or employer for lawful health care services;
80exempt persons, employers, and health care providers from
81penalties and fines for paying or accepting direct payment for
82lawful health care services; and permit the purchase or sale of
83health insurance in private health care systems. Specifies that
84the amendment does not affect which health care services a
85health care provider is required to perform or provide; affect
86which health care services are permitted by law; prohibit care
87provided pursuant to general law relating to workers'
88compensation; affect laws or rules in effect as of March 1,
892010; or affect the terms or conditions of any health care
90system to the extent that those terms and conditions do not have
91the effect of punishing a person or employer for paying directly
92for lawful health care services or a health care provider for
93accepting direct payment from a person or employer for lawful
94health care services.


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