This proposed amendment to Michigan’s constitution would affirm that you can not be forced to buy health insurance, and you can’t be penalized for paying directly for health care services.
It would preserve the freedom to choose what kind of health-related services you want to pay for on the open market.
It should be noted that this would not preclude the expansion of Medicaid to include preventative care. This still allows for a public OPTION. (Read: option. this is not Communist China)
All Michigan residents need to get behind this resolution. I’ll post an update when I know more about this and will try to get some contact info up here so we can call in when it goes up for a vote.
HOUSE JOINT RESOLUTION CC
September 9, 2009, Introduced by Reps. Calley and McMillin 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:
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
ROVIDED 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.
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