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H. J. R. No. 3 As Introduced
As Introduced
| 128th General Assembly | | Regular Session | | 2009-2010 |
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Representatives Maag, Sears
Cosponsors:
Representatives Adams, J., Adams, R., Amstutz, Bacon, Baker, Balderson, Batchelder, Blair, Blessing, Boose, Bubp, Burke, Combs, Daniels, Derickson, Evans, Goodwin, Hackett, Hall, Hite, Hottinger, Huffman, Jordan, Lehner, Martin, Mecklenborg, McClain, Morgan, Ruhl, Snitchler, Stautberg, Stebelton, Uecker, Wachtmann, Wagner, Zehringer
A JOINT RESOLUTION
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Proposing to enact Section 43 of Article II of the
Constitution of the State of Ohio to prohibit a
law or rule from compelling a person, employer, or
health care provider to participate in a health
care system.
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| Be it resolved by the General Assembly of the State of Ohio,
three-fifths of the members elected to each house concurring
herein, that there shall be submitted to the electors of the
state, in the manner prescribed by law at the general election to
be held February 2, 2010, a proposal to enact Section 43 of
Article II of the Constitution of the State of Ohio to read as
follows: |
| 43. (A) To preserve the freedom of Ohioans to
provide for their health care: |
| (1) A law or rule shall not compel, directly or indirectly,
any person, employer, or health care provider to participate in
any health care system. |
| (2) 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
and shall not be required to pay penalties or fines for accepting
direct payment from a person or employer for lawful health care
services. |
| (B) Subject to reasonable and necessary rules that do not
substantially limit a person's options, the purchase or sale of
health insurance in private health care systems shall not be
prohibited by law or rule. |
| (C) This section does not: |
| (1) Affect which health care services a health care provider
or hospital is required to perform or provide; |
| (2) Affect which health care services are permitted by law; |
| (3) Prohibit care provided through any statutes enacted by
the General Assembly relating to workers' compensation; |
| (4) Affect laws or rules in effect as of January 1, 2009; |
| (5) 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 or hospital
for accepting direct payment from a person or employer for lawful
health care services. |
| (D) As used in this section: |
| (1) "Compel" includes penalties or fines. |
| (2) "Direct payment" or "pay directly" means payment for
lawful health care services without a public or private third
party, not including an employer, paying for any portion of the
service. |
| (3) "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 in part,
health care services or health care data or health care
information for its participants. |
| (4) "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 or rules that may be
provided by persons or businesses otherwise permitted to offer
such services. |
| (5) "Penalties or fines" means any civil or criminal penalty
or fine, tax, salary or wage withholding or 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. |
| If adopted by a majority of the electors voting on this
proposal at the general election held February 2, 2010, Section 43
of Article II of the Constitution of the State of Ohio shall take
effect immediately. |
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