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SECOND REGULAR SESSION
HOUSE JOINT RESOLUTION NO. 48
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES DAVIS (Sponsor), NIEVES, RUESTMAN AND McGHEE (Co-sponsors).
Submitting to the qualified voters of Missouri, an amendment to article I of the Constitution of Missouri, and adopting one new section relating to health care services.
Be it resolved by the House of Representatives, the Senate concurring therein:
That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 2010, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to article I of the Constitution of the state of Missouri:
Section A. Article I, Constitution of Missouri, is amended by adding one new section, to be known as section 35, to read as follows:
Section 35. 1. As used in this section, the following terms shall mean:
(1) "Direct payment" or "pay directly", payment for lawful health care services without a public or private third party, not including an employer, paying any portion of the service;
(2) "Health care system", 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 in part, health care services or health care information for its participants;
(3) "Lawful health care services", any health-related service or treatment to the extent that the service or treatment is permitted or not prohibited by law or regulation that may be provided by persons or businesses otherwise permitted to offer such services;
(4) "Penalties or fines", any civil or criminal penalty or fine, tax, salary, or wage withholding or 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.
2. To preserve the freedom of 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 rules that do not substantially limit a person's options, the purchase or sale of health insurance in private health care systems shall not be prohibited by law or rule.
3. This section shall not be construed to:
(1) Affect which health care services a health care provider or hospital is required to perform or provide;
(2) Affect which health care services are permitted by law;
(3) Prohibit care provided by any provision of this constitution or valid law of this state relating to workers' compensation;
(4) Affect laws or rules in effect as of January 1, 2010; or
(5) 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 or hospital for accepting direct payment from a person or employer for lawful health care services.
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