House Joint Resolution 2007 - Introduced
HOUSE JOINT RESOLUTION
BY UPMEYER, DEYOE, DRAKE,
SANDS, DOLECHECK, L.
COWNIE, GRASSLEY, MAY,
HOUSE JOINT RESOLUTION
1 A Joint Resolution proposing an amendment to the Constitution
2 of the State of Iowa preserving the freedom of Iowans to
3 provide for their own health care.
4 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 1 Section 1. The following amendment to the Constitution of
1 2 the State of Iowa is proposed:
1 3 Article I of the Constitution of the State of Iowa is amended
1 4 by adding the following new section:
1 5 Health care == freedom to provide.SEC. 24A. In order to
1 6 preserve the freedom of citizens of this state to provide for
1 7 their own health care, a law or rule shall not compel, directly
1 8 or indirectly, or through penalties or fines, any person,
1 9 employer, or health care provider to participate in any health
1 10 care system. A person or employer may pay directly for lawful
1 11 health care services and shall not be required to pay penalties
1 12 or fines for paying directly for lawful health care services.
1 13 A health care provider may accept direct payment for lawful
1 14 health care services and shall not be required to pay penalties
1 15 or fines for accepting direct payment from a person or employer
1 16 for lawful health care services. Subject to reasonable and
1 17 necessary rules that do not substantially limit a person's
1 18 options, the purchase or sale of health insurance in private
1 19 health care systems shall not be prohibited by law or rule.
1 20 This section shall not be construed to affect which health
1 21 care services a health care provider or hospital is required
1 22 to perform or provide; affect which health care services are
1 23 permitted by law; prohibit care provided pursuant to any
1 24 provision of this Constitution or valid law of this state
1 25 relating to workers' compensation; affect laws or rules in
1 26 effect as of January 1, 2010; or affect the terms or conditions
1 27 of any health care system to the extent that those terms and
1 28 conditions do not have the effect of punishing a person or
1 29 employer for paying directly for lawful health care services
1 30 or a health care provider for accepting direct payment from
1 31 a person or employer for lawful health care services. The
1 32 general assembly may provide by law for the implementation of
1 33 this section.
1 34 As used in this section:
1 35 1. "Direct payment" or "pay directly" means payment for
2 1 lawful health care services without a public or private third
2 2 party, not including an employer, paying for any portion of the
2 3 services.
2 4 2. "Health care system" means any public or private entity
2 5 whose function is the management of, processing of, enrollment
2 6 of individuals for, or payment for, in full or in part, health
2 7 care services or health care information for its participants.
2 8 3. "Lawful health care services" means any health=related
2 9 service or treatment to the extent that the service or
2 10 treatment is permitted or not prohibited by law or rules, that
2 11 may be provided by persons or businesses offering such service
2 12 or treatment.
2 13 4. "Penalties or fines" means any civil or criminal penalty
2 14 or fine, tax, salary or wage withholding or surcharge, or
2 15 any named fee with a similar effect established by law or
2 16 rule by an agency established, created, or controlled by the
2 17 government, that is used to punish or discourage the exercise
2 18 of rights protected under this section.
2 19 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed
2 20 amendment to the Constitution of the State of Iowa is referred
2 21 to the General Assembly to be chosen at the next general
2 22 election for members of the General Assembly, and the Secretary
2 23 of State is directed to cause it to be published for three
2 24 consecutive months before the date of the election as provided
2 25 by law.
2 26 EXPLANATION
2 27 This joint resolution proposes an amendment to the
2 28 Constitution of the State of Iowa to preserve the freedom of
2 29 Iowans to provide for their own health care by not requiring
2 30 any person, employer, or health care provider to participate
2 31 in any health care system and allowing any person or employer
2 32 to pay directly for lawful health care services, without
2 33 penalties or fines for failure to do so. The general assembly
2 34 is authorized to implement the amendment by law.
2 35 The proposed amendment to the Constitution of the State
3 1 of Iowa, if adopted, would be referred to the Eighty=fourth
3 2 General Assembly for adoption a second time, before being
3 3 submitted to the electorate for ratification.
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