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Tennessee Bill #SB3498   View details of Bill | Go to Bill Online
SB3498
01335318

HOUSE BILL 3433
By Harwell
SENATE BILL 3498
By Beavers

AN ACT to amend Tennessee Code Annotated, Title 8;
Title 56; Title 63; Title 68 and Title 71, relative to
health care.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 56, Chapter 7, Part 10, is amended by
adding the following as a new section:
§ 56-7-1015.
(a) This section shall be known and may be cited as the "Tennessee Health
Freedom Act."
(b) As used in this section:
(1) "Health care services" means any service, treatment, or provision of
product for the care of physical or mental disease, illness, injury, defect or
condition, or to otherwise maintain or improve physical or mental health, subject
to all laws and rules regulating health service providers and products within this
state;
(2) "Mode of securing" means to purchase directly or on credit or by
trade, or to contract for third-party payment by insurance or other legal means
authorized by the state of Tennessee, or to apply for or accept employer or
government sponsored health care benefits under such conditions as may legally
be required as a condition of such benefits, or any combination of the same;
(3) "Penalty" means any civil or criminal fine, tax, salary or wage
withholding, surcharge, fee or any other imposed consequence established by
law or rule of a government or its subdivision or agency that is used to punish or
discourage the exercise of rights protected under this chapter.
(c)
(1) The power to require or regulate a person’s choice in the mode of
securing health care services, or to impose a penalty related thereto, is not found
in the Constitution of the United States of America, and is therefore a power
reserved to the people pursuant to the Ninth Amendment, and to the several
states pursuant to the Tenth Amendment. This state hereby exercises its
sovereign power to declare the public policy of this state regarding the right of all
persons residing in this state in choosing the mode of securing health care
services.
(2) It is declared that the public policy of this state, consistent with our
constitutionally recognized and inalienable rights of liberty, is that every person
within this state is and shall be free to choose or decline to choose any mode of
securing health care services without penalty or threat of penalty.
(3) The policy stated in this section shall not be applied to impair any
right of contract related to the provision of health care services to any person or
group.
(d)
(1) No public official, employee, or agent of this state or any of its political
subdivisions shall act to impose, collect, enforce, or effectuate any penalty in this
state that violates the public policy set forth in this section.
(2) The attorney general shall take such action as is provided in Section
2 of this act, in the defense or prosecution of rights protected under this section.
SECTION 2. Tennessee Code Annotated, Title 8, Chapter 6, Part 1, is amended by
adding the following as a new section:
§ 8-6-113.
Except as otherwise provided in this chapter, it is the duty of the attorney
general and reporter to seek injunctive and any other appropriate relief as
expeditiously as possible to preserve the rights and property of the residents of
this state, and to defend as necessary this state, its officials, employees and
agents in the event that any law or regulation violating the public policy set forth
in the Tennessee Health Freedom Act, compiled in Section 1 of this act, is
enacted by any government, subdivision or agency thereof.
SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring
it.

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