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H. B. No. 91 As IntroducedAs Introduced
|130th General Assembly|
Representatives Young, Thompson
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
3964.03 of the Revised Code to enact the Health
Care Freedom Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3964.01, 3964.011, 3964.02, and
3964.03 of the Revised Code be enacted to read as follows:
Sec. 3964.01. This chapter shall be known and may be cited
as the "Health Care Freedom Act."
Sec. 3964.011. As used in this chapter:
(A) "Health insurance issuer" has the same meaning as "health
plan issuer" in section 3922.01 of the Revised Code.
(B) "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.
Sec. 3964.02. (A) A health insurance issuer operating in
this state shall not accept any remuneration, credit, or subsidy,
as described in 42 U.S.C. 18082, that may result in the imposition
of penalties against any employer or individual in this state.
(B) If a health insurance issuer violates division (A) of
this section, the issuer's license to issue new business in the
state shall be suspended immediately and until such time as the
issuer represents it has returned that remuneration, credit, or
subsidy to its source and will decline any such future
remuneration, credit, or subsidy. Such suspensions shall not be
construed as impairing the right of contract or the right to
continue or renew existing business in the state.
(C) The attorney general shall take such action as is
provided in section 3964.03 of the Revised Code in the defense or
prosecution of rights protected under this chapter.
Sec. 3964.03. The attorney general shall seek injunctive and
any other appropriate relief as expeditiously as possible to
preserve the rights and property of the residents of the state,
and to defend as necessary the state, and its officials,
employees, and agents, in the event that any law or regulation
violating the public policy set forth in this chapter is enacted
by any government, subdivision, or agency thereof.