June 19, 2018
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       CS for SJR 72                              First Engrossed (ntc)
       
       
       
       
       
       
       
       
       201072e1
       
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing the creation of Section
    3         28 of Article I 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 I 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 I                            
   14                        DECLARATION OF RIGHTS                      
   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 may 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 an employer may pay directly for lawful
   22  health care services and may 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 may not be required to pay penalties or fines
   26  for accepting direct payment from a person or an 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 may 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 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 March 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 an employer for paying
   42  directly for lawful health care services or a health care
   43  provider for accepting direct payment from a person or an
   44  employer for lawful health care services, except that this
   45  section may not be construed to prohibit any negotiated
   46  provision in any insurance contract, network agreement, or other
   47  provider agreement contractually limiting copayments,
   48  coinsurance, deductibles, or other patient charges.
   49         (6) Affect any general law passed by a two-thirds vote of
   50  the membership of each house of the legislature after the
   51  effective date of this section, if the law states with
   52  specificity the public necessity that justifies an exception
   53  from this section.
   54         (d) As used in this section, the term:
   55         (1) “Compel” includes the imposition of penalties or fines.
   56         (2) “Direct payment” or “pay directly” means payment for
   57  lawful health care services without a public or private third
   58  party, not including an employer, paying for any portion of the
   59  service.
   60         (3) “Health care system” means any public or private entity
   61  whose function or purpose is the management of, processing of,
   62  enrollment of individuals for, or payment, in full or in part,
   63  for health care services, health care data, or health care
   64  information for its participants.
   65         (4) “Lawful health care services” means any health-related
   66  service or treatment, to the extent that the service or
   67  treatment is permitted or not prohibited by law or regulation,
   68  which may be provided by persons or businesses otherwise
   69  permitted to offer such services.
   70         (5) “Penalties or fines” means any civil or criminal
   71  penalty or fine, tax, salary or wage withholding or surcharge,
   72  or named fee with a similar effect established by law or rule by
   73  an agency established, created, or controlled by the government
   74  which is used to punish or discourage the exercise of rights
   75  protected under this section. For purposes of this section only,
   76  the term “rule by an agency” may not be construed to mean any
   77  negotiated provision in any insurance contract, network
   78  agreement, or other provider agreement contractually limiting
   79  copayments, coinsurance, deductibles, or other patient charges.
   80         BE IT FURTHER RESOLVED that the following title and
   81  statement be placed on the ballot:
   82                         HEALTH CARE FREEDOM                       
   83                      CONSTITUTIONAL AMENDMENT                     
   84                        ARTICLE I, SECTION 28                      
   85         HEALTH CARE SERVICES.—Proposing an amendment to the State
   86  Constitution to ensure access to health care services without
   87  waiting lists, protect the doctor-patient relationship, guard
   88  against mandates that don’t work, prohibit laws or rules from
   89  compelling any person, employer, or health care provider to
   90  participate in any health care system; permit a person or an
   91  employer to purchase lawful health care services directly from a
   92  health care provider; permit a health care provider to accept
   93  direct payment from a person or an employer for lawful health
   94  care services; exempt persons, employers, and health care
   95  providers from penalties and fines for paying directly or
   96  accepting direct payment for lawful health care services; and
   97  permit the purchase or sale of health insurance in private
   98  health care systems. Specifies that the amendment does not
   99  affect which health care services a health care provider is
  100  required to perform or provide; affect which health care
  101  services are permitted by law; prohibit care provided pursuant
  102  to general law relating to workers’ compensation; affect laws or
  103  rules in effect as of March 1, 2010; affect the terms or
  104  conditions of any health care system to the extent that those
  105  terms and conditions do not have the effect of punishing a
  106  person or an employer for paying directly for lawful health care
  107  services or a health care provider for accepting direct payment
  108  from a person or an employer for lawful health care services; or
  109  affect any general law passed by two-thirds vote of the
  110  membership of each house of the Legislature, passed after the
  111  effective date of the amendment, provided such law states with
  112  specificity the public necessity justifying the exceptions from
  113  the provisions of the amendment. The amendment expressly
  114  provides that it may not be construed to prohibit negotiated
  115  provisions in insurance contracts, network agreements, or other
  116  provider agreements contractually limiting copayments,
  117  coinsurance, deductibles, or other patient charges.

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