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Unofficial Draft Copy

As of: October 29, 2009 (10:32am)

LC0018

**** Bill No. ****

Introduced By *************

By Request of the *********

A Bill for an Act entitled: "An Act submitting to the qualified
electors of Montana an amendment to Article II of the Montana
Constitution providing for the right to choose health care
coverage; and providing a delayed effective date."

Be it enacted by the Legislature of the State of Montana:

NEW SECTION. Section 1. Article II of The Constitution of
the State of Montana is amended by adding a new section 36 that
reads:

Section 36. Right to choose health care coverage. (1) A law
or rule shall not compel, directly or indirectly, any person,
employer, or health care provider to participate in any health
care system.

(2) 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.
(3) 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.

(4) For purposes of this section, the following definitions
apply:
(a) "Compel" means the imposition of penalties or fines.
(b) "Direct payment" means 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 is the management of, processing of, or enrollment
of or payment for, in full or in part, health care services,
health care data, and 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 not prohibited by law or regulation provided by persons or
businesses otherwise permitted to offer such services.
(e) "Penalties or fines" means any civil or criminal
sanction, tax, salary, or wage withholding, surcharge, or any
named fee with a similar effect established by law or rule by a
government-created, or controlled agency that is used to punish
or discourage the exercise of rights protected under this
section.
(5) This section does not:
(a) affect which health care services a health care provider
or health care facility is required to perform or provide;
(b) affect which health care services are permitted by law;
(c) prohibit care provided pursuant to statues enacted by
the legislature relating to worker's compensation;
(d) affect laws or rules in effect as of January 1, 2009; or
(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 healthcare services or a health care provider or health
care facility for accepting direct payment from a person or
employer for lawful health care services.
NEW SECTION. Section 2. {standard} Effective date. If
approved by the electorate, this amendment is effective January
1, 2013.

NEW SECTION. Section 3. {standard} Submission to
electorate. This amendment shall be submitted to the qualified
electors of Montana at the general election to be held in
November 2012 by printing on the ballot the full title of this
act and the following:

[] FOR providing that every Montana has a right to choose
health care coverage.
[] AGAINST providing that every Montana has a right to
choose health care coverage.
- END

{Name : Lisa A. Mecklenberg Jackson
Title : Legislative Staff Attorney
Agency: Legislative Services
Phone : 444-4024
E-Mail: Ljackson@mt.gov}



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