July 21, 2010, Introduced by Senator KUIPERS and referred to the Committee on Health Policy.
A bill to provide that no person be required to obtain or
maintain health insurance coverage.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"Michigan health care freedom act".
Sec. 3. (1) Every person has a right to provide for his or her
own health care.
(2) No government action shall compel, directly or indirectly,
any person, employer, or health care provider to participate in any
health care system.
(3) No person or employer shall be required to pay penalties
or fines for paying directly for lawful health care services. A
health care provider shall not be required to pay penalties or
fines for accepting direct payment from a person or employer for
lawful health care services. A health care system shall not be
required to pay penalties or fines for permitting a person or
employer to pay directly for lawful health care services or for
permitting a health care provider to accept direct payment from a
person or employer for lawful health care services.
(4) No government action shall disadvantage a health care
system for permitting a person or employer to pay directly for
lawful health care services or for permitting a health care
provider to accept direct payment from a person or employer for
lawful health care services.
(5) Subject to reasonable and necessary laws and rules that do
not substantially limit a person's or employer's options, the
purchase or sale of health insurance or health coverage in private
health care systems shall not be prohibited by any government
action.
Sec. 5. This act 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, workers' compensation law or automobile no-
fault law.
(d) Affect government actions in effect as of January 1, 2010.
Sec. 7. As used in this act:
(a) "Automobile no-fault law" means automobile insurance
coverage regulated under the insurance code of 1956, 1956 PA 218,
MCL 500.100 to 500.8302.
(b) "Compel" includes penalties or fines.
(c) "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.
(d) "Government action" means any executive, judicial, or
quasi-judicial act, intergovernmental compact, statute, ordinance,
resolution, or rule made by any government-established, government-
created, or government-controlled agency.
(e) "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.
(f) "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.
(g) "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 government action, that is
used to punish or discourage the exercise of rights protected under
this act.
(h) "Workers' compensation law" means the worker's
compensation coverage regulated under the worker's disability
compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.