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Michigan Bill #HJR CC   View details of Bill | Go to Bill Online

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:

ARTICLE I
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
provided 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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