SENATE JOINT RESOLUTION K

 

 

August 27, 2009, Introduced by Senators KUIPERS, CROPSEY and BROWN and referred to the Committee on Health Policy.

 

 

 

     A joint resolution proposing an amendment to the state

 

constitution of 1963, by adding section 28 to article I, to provide

 

a right to independent health care.

 

     Resolved by the Senate and House of Representatives of the

 

state of Michigan, That the following amendment to the state

 

constitution of 1963, to provide a right to independent health

 

care, is proposed, agreed to, and submitted to the people of the

 

state:

 

ARTICLE I

 

     Sec. 28. (1) Every person has a right to provide for his or

 

her own health care.

 

     (2) A federal law or rule shall not compel, directly or

 


indirectly, any person, employer, or health care provider to

 

participate in any health care system.

 

     (3) A person or employer may pay directly for lawful health

 

care services and shall not be required to pay penalties or fines

 

for paying directly for lawful health care services. A health care

 

provider may accept direct payment for lawful health care services

 

provided and shall not be required to pay penalties or fines for

 

accepting direct payment from a person or employer for lawful

 

health care services.

 

     (4) Subject to reasonable and necessary rules and laws that do

 

not substantially limit a person's or employer's options, the

 

purchase or sale of health insurance or coverage in private health

 

care systems shall not be prohibited by federal law or rule.

 

     (5) This section does not do any of the following:

 

     (a) Affect which health care services a health care provider

 

is required to perform or provide.

 

     (b) Affect which health care services are permitted by law.

 

     (c) Prohibit care provided pursuant to, or prohibit

 

participation under, worker's compensation law or automobile no-

 

fault law.

 

     (d) Affect laws or rules in effect as of January 1, 2009.

 

     (e) 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 for accepting

 

direct payment from a person or employer for lawful health care

 

services.

 


     (6) As used in this section:

 

     (a) "Compel" includes penalties or fines.

 

     (b) "Direct payment" and "pay directly" mean 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 part,

 

health care services, health care data, or health care information

 

for its participants.

 

     (d) "Lawful health care services" means any health-related

 

service or treatment, to the extent that the service or treatment

 

is permitted or not prohibited by law, rule, or regulation, that

 

may be provided by persons or businesses otherwise permitted to

 

offer those services or treatments.

 

     (e) "Penalties or fines" means any criminal or civil penalty,

 

fine, tax, salary or wage withholding, surcharge, or any named fee

 

with a similar effect established by law or rule by a government-

 

established, -created, or -controlled agency, that is used to

 

punish or discourage the exercise of rights protected under this

 

section.

 

     Resolved further, That the foregoing amendment shall be

 

submitted to the people of the state at the next general election

 

in the manner provided by law.