January 27, 2010, Introduced by Senator PATTERSON 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 affirm
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 affirm a right to independent health care,
is proposed, agreed to, and submitted to the people of the state:
ARTICLE I
Sec. 28. (1) To preserve the freedom for citizens of this
state to provide for their health care, no law or rule shall
compel, directly or indirectly or through penalties or fines, any
person, employer, or health care provider to participate in any
health care system. 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 and shall not be required to pay
penalties or fines for accepting direct payment from a person or
employer for lawful health care services. Subject to reasonable and
necessary laws and rules that do not substantially limit a person's
options, the purchase or sale of health insurance or health
coverage in private health care systems shall not be prohibited by
law or rule.
(2) 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, the worker's compensation law or automobile
no-fault law.
(d) Affect laws or rules in effect as of January 1, 2010.
(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 of punishing a health care provider
for accepting direct payment from a person or employer for lawful
health care services.
(3) As used in this section:
(a) "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.
(b) "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 or health care information for its
participants.
(c) "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.
(d) "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, that is used to
punish or discourage the exercise of rights protected under this
section.
(e) "Rule" means a rule established by a government-
established, -created, or –controlled agency.
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.