HJR 2007 (LSB 5791YH (4) 83)

HOUSE JOINT RESOLUTION 2007

BY  UPMEYER, DEYOE, DRAKE, SCHULTE, SODERBERG, CHAMBERS, SWEENEY, HUSEMAN, ALONS, KOESTER, FORRISTALL, SANDS, DOLECHECK, 

L. MILLER, SORENSON, COWNIE, GRASSLEY, MAY, ROBERTS, MERTZ, PETTENGILL, KELLEY, and WINDSCHITL

HOUSE JOINT RESOLUTION

A Joint Resolution proposing an amendment to the Constitution of the State of Iowa preserving the freedom of Iowans to provide for their own health care.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  The following amendment to the Constitution of the State of Iowa is proposed:

   Article I of the Constitution of the State of Iowa is amended by adding the following new section:

   Health care —— freedom to provide.  SEC. 24A.  In order to preserve the freedom of citizens of this state to provide for their own health care, a law or rule shall not compel, directly or indirectly, or through penalties or fines, any person, employer, or health care provider to participate in any health care system. 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. 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.

   This section shall not be construed to affect which health care services a health care provider or hospital is required to perform or provide; affect which health care services are permitted by law; prohibit care provided pursuant to any provision of this Constitution or valid law of this state relating to workers’ compensation; affect laws or rules in effect as of January 1, 2010; or 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. The general assembly may provide by law for the implementation of this section.

   As used in this section:

   1.  “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 services.
   2.  “Health care system” means any public or private entity whose function is the management of, processing of, enrollment of individuals for, or payment for, in full or in part, health care services or health care information for its participants.
   3.  “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 offering such service or treatment.
   4.  “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 an agency established, created, or controlled by the government, that is used to punish or discourage the exercise of rights protected under this section.
    Sec. 2.
  REFERRAL AND PUBLICATION.
  The foregoing proposed amendment to the Constitution of the State of Iowa is referred to the General Assembly to be chosen at the next general election for members of the General Assembly, and the Secretary of State is directed to cause it to be published for three consecutive months before the date of the election as provided by law.
EXPLANATION
   This joint resolution proposes an amendment to the Constitution of the State of Iowa to preserve the freedom of Iowans to provide for their own health care by not requiring any person, employer, or health care provider to participate in any health care system and allowing any person or employer to pay directly for lawful health care services, without penalties or fines for failure to do so. The general assembly is authorized to implement the amendment by law.
   The proposed amendment to the Constitution of the State of Iowa, if adopted, would be referred to the Eighty-fourth General Assembly for adoption a second time, before being submitted to the electorate for ratification.