130th Ohio General Assembly
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H. B. No. 91  As Introduced
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 3964.03 of the Revised Code to enact the Health Care Freedom Act.

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.
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