As Introduced

130th General Assembly
Regular Session
H. B. No. 91

Representatives Young, Thompson 

Cosponsors: Representatives Adams, J., Beck, Becker, Boose, Brenner, Buchy, Butler, Gonzales, Green, Hood, Huffman, Lynch, Maag, Retherford, Roegner, Rosenberger, Scherer, Stebelton, Wachtmann 

To enact sections 3964.01, 3964.011, 3964.02, and 1
3964.03 of the Revised Code to enact the Health 2
Care Freedom Act. 3


       Section 1. That sections 3964.01, 3964.011, 3964.02, and 4
3964.03 of the Revised Code be enacted to read as follows:5

       Sec. 3964.01.  This chapter shall be known and may be cited 6
as the "Health Care Freedom Act."7

       Sec. 3964.011.  As used in this chapter:8

       (A) "Health insurance issuer" has the same meaning as "health 9
plan issuer" in section 3922.01 of the Revised Code.10

       (B) "Penalty" means any civil or criminal fine, tax, salary 11
or wage withholding, surcharge, fee, or any other imposed 12
consequence established by law or rule of a government or its 13
subdivision or agency that is used to punish or discourage the 14
exercise of rights protected under this chapter. 15

       Sec. 3964.02.  (A) A health insurance issuer operating in 16
this state shall not accept any remuneration, credit, or subsidy, 17
as described in 42 U.S.C. 18082, that may result in the imposition 18
of penalties against any employer or individual in this state.19

       (B) If a health insurance issuer violates division (A) of 20
this section, the issuer's license to issue new business in the 21
state shall be suspended immediately and until such time as the 22
issuer represents it has returned that remuneration, credit, or 23
subsidy to its source and will decline any such future 24
remuneration, credit, or subsidy. Such suspensions shall not be 25
construed as impairing the right of contract or the right to 26
continue or renew existing business in the state.27

       (C) The attorney general shall take such action as is 28
provided in section 3964.03 of the Revised Code in the defense or 29
prosecution of rights protected under this chapter.30

       Sec. 3964.03.  The attorney general shall seek injunctive and 31
any other appropriate relief as expeditiously as possible to 32
preserve the rights and property of the residents of the state, 33
and to defend as necessary the state, and its officials, 34
employees, and agents, in the event that any law or regulation 35
violating the public policy set forth in this chapter is enacted 36
by any government, subdivision, or agency thereof.37