September 24, 2020
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CS/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 an 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 an 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 may 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 an employer for paying
43directly for lawful health care services or a health care
44provider for accepting direct payment from a person or an
45employer for lawful health care services, except that this
46section may not be construed to prohibit any negotiated
47provision in any insurance contract, network agreement, or other
48provider agreement contractually limiting copayments,
49coinsurance, deductibles, or other patient charges.
50     (6)  Affect any general law passed by a two-thirds vote of
51the membership of each house of the legislature after the
52effective date of this section, if the law states with
53specificity the public necessity that justifies an exception
54from this section.
55     (d)  As used in this section, the term:
56     (1)  "Compel" includes the imposition of penalties or
57fines.
58     (2)  "Direct payment" or "pay directly" means payment for
59lawful health care services without a public or private third
60party, not including an employer, paying for any portion of the
61service.
62     (3)  "Health care system" means any public or private
63entity whose function or purpose is the management of,
64processing of, enrollment of individuals for, or payment, in
65full or in part, for health care services, health care data, or
66health care information for its participants.
67     (4)  "Lawful health care services" means any health-related
68service or treatment, to the extent that the service or
69treatment is permitted or not prohibited by law or regulation,
70which may be provided by persons or businesses otherwise
71permitted to offer such services.
72     (5)  "Penalties or fines" means any civil or criminal
73penalty or fine, tax, salary or wage withholding or surcharge,
74or named fee with a similar effect established by law or rule by
75an agency established, created, or controlled by the government
76which is used to punish or discourage the exercise of rights
77protected under this section. For purposes of this section only,
78the term "rule by an agency" may not be construed to mean any
79negotiated provision in any insurance contract, network
80agreement, or other provider agreement contractually limiting
81copayments, coinsurance, deductibles, or other patient charges.
82     BE IT FURTHER RESOLVED that the following title and
83statement be placed on the ballot:
84
HEALTH CARE FREEDOM
85
CONSTITUTIONAL AMENDMENT
86
ARTICLE I, SECTION 28
87     HEALTH CARE SERVICES.-Proposing an amendment to the State
88Constitution to ensure access to health care services without
89waiting lists, protect the doctor-patient relationship, guard
90against mandates that don't work, prohibit laws or rules from
91compelling any person, employer, or health care provider to
92participate in any health care system; permit a person or an
93employer to purchase lawful health care services directly from a
94health care provider; permit a health care provider to accept
95direct payment from a person or an employer for lawful health
96care services; exempt persons, employers, and health care
97providers from penalties and fines for paying directly or
98accepting direct payment for lawful health care services; and
99permit the purchase or sale of health insurance in private
100health care systems. Specifies that the amendment does not
101affect which health care services a health care provider is
102required to perform or provide; affect which health care
103services are permitted by law; prohibit care provided pursuant
104to general law relating to workers' compensation; affect laws or
105rules in effect as of March 1, 2010; affect the terms or
106conditions of any health care system to the extent that those
107terms and conditions do not have the effect of punishing a
108person or an employer for paying directly for lawful health care
109services or a health care provider for accepting direct payment
110from a person or an employer for lawful health care services; or
111affect any general law passed by two-thirds vote of the
112membership of each house of the Legislature, passed after the
113effective date of the amendment, provided such law states with
114specificity the public necessity justifying the exceptions from
115the provisions of the amendment. The amendment expressly
116provides that it may not be construed to prohibit negotiated
117provisions in insurance contracts, network agreements, or other
118provider agreements contractually limiting copayments,
119coinsurance, deductibles, or other patient charges.


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