January 19, 2018
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       Florida Senate - 2010                                     SJR 72
       
       
       
       By Senator Baker
       
       
       
       
       20-00207-10                                             201072__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing the creation of Section
    3         28 of Article X of the State Constitution, relating to
    4         health care services.
    5  
    6  Be It Resolved by the Legislature of the State of Florida:
    7  
    8         That the creation of Section 28 of Article X of the State
    9  Constitution is agreed to and shall be submitted to the electors
   10  of this state for approval or rejection at the next general
   11  election or at an earlier special election specifically
   12  authorized by law for that purpose:
   13                              ARTICLE X                            
   14                            MISCELLANEOUS                          
   15         SECTION 28. Health care services.—
   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 shall not compel, directly or
   19  indirectly, any person, employer, or health care provider to
   20  participate in any health care system.
   21         (2) A person or employer may pay directly for lawful health
   22  care services and shall not be required to pay penalties or
   23  fines for paying directly for lawful health care services. A
   24  health care provider may accept direct payment for lawful health
   25  care services and shall not be required to pay penalties or
   26  fines for accepting direct payment from a person or employer for
   27  lawful health care services.
   28         (b) Subject to reasonable and necessary rules that do not
   29  substantially limit a person’s options, the purchase or sale of
   30  health insurance in private health care systems shall not be
   31  prohibited by law or rule.
   32         (c) This section does not:
   33         (1) Affect which health care services a health care
   34  provider or hospital is required to perform or provide.
   35         (2) Affect which health care services are permitted by law.
   36         (3) Prohibit care provided pursuant to general law relating
   37  to workers’ compensation.
   38         (4) Affect laws or rules in effect as of January 1, 2010.
   39         (5) Affect the terms or conditions of any health care
   40  system to the extent that those terms and conditions do not have
   41  the effect of punishing a person or employer for paying directly
   42  for lawful health care services or a health care provider or
   43  hospital for accepting direct payment from a person or employer
   44  for lawful health care services.
   45         (d) For purposes of this section:
   46         (1) “Compel” includes the imposition of penalties or fines.
   47         (2) “Direct payment” or “pay directly” means payment for
   48  lawful health care services without a public or private third
   49  party, not including an employer, paying for any portion of the
   50  service.
   51         (3) “Health care system” means any public or private entity
   52  whose function or purpose is the management of, processing of,
   53  enrollment of individuals for, or payment, in full or in part,
   54  for health care services, health care data, or health care
   55  information for its participants.
   56         (4) “Lawful health care services” means any health-related
   57  service or treatment, to the extent that the service or
   58  treatment is permitted or not prohibited by law or regulation,
   59  that may be provided by persons or businesses otherwise
   60  permitted to offer such services.
   61         (5) “Penalties or fines” means any civil or criminal
   62  penalty or fine, tax, salary, or wage withholding or surcharge
   63  or any named fee with a similar effect established by law or
   64  rule by an agency established, created, or controlled by the
   65  government which is used to punish or discourage the exercise of
   66  rights protected under this section.
   67         BE IT FURTHER RESOLVED that the following statement be
   68  placed on the ballot:
   69                      CONSTITUTIONAL AMENDMENT                     
   70                        ARTICLE X, SECTION 28                      
   71         HEALTH CARE SERVICES.—Proposing an amendment to the State
   72  Constitution to prohibit laws or rules from compelling any
   73  person, employer, or health care provider to participate in any
   74  health care system; permit a person or employer to purchase
   75  lawful health care services directly from a health care
   76  provider; permit a health care provider to accept direct payment
   77  from a person or employer for lawful health care services;
   78  exempt persons, employers, and health care providers from
   79  penalties and fines for paying or accepting direct payment for
   80  lawful health care services; and permit the purchase or sale of
   81  health insurance in private health care systems. Specifies that
   82  the amendment does not affect which health care services a
   83  health care provider or hospital is required to perform or
   84  provide; affect which health care services are permitted by law;
   85  prohibit care provided pursuant to general law relating to
   86  workers’ compensation; affect laws or rules in effect as of
   87  January 1, 2010; or affect the terms or conditions of any health
   88  care system to the extent that those terms and conditions do not
   89  have the effect of punishing a person or employer for paying
   90  directly for lawful health care services or a health care
   91  provider or hospital for accepting direct payment from a person
   92  or employer for lawful health care services.

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