House Joint Resolution 5 - Introduced HOUSE JOINT RESOLUTION 5 BY UPMEYER , SCHULTE , WATTS , TJEPKES , SCHULTZ , DE BOEF , HUSEMAN , LUKAN , MOORE , FORRISTALL , L. MILLER , RAYHONS , DRAKE , WAGNER , HELLAND , PAULSEN , KAUFMANN , PEARSON , ROGERS , J. SMITH , BALTIMORE , KOESTER , DOLECHECK , JORGENSEN , PAUSTIAN , ALONS , KLEIN , CHAMBERS , SODERBERG , SANDS , WORTHAN , HAGENOW , BYRNES , and WINDSCHITL HOUSE JOINT RESOLUTION A Joint Resolution proposing an amendment to the Constitution 1 of the State of Iowa preserving the freedom of Iowans to 2 provide for their own health care. 3 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1880YH (4) 84 av/rj

H.J.R. 5 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 Article I of the Constitution of the State of Iowa is amended 3 by adding the following new section: 4 Health care —— freedom to provide. SEC. 24A. In order to 5 preserve the freedom of citizens of this state to provide for 6 their own health care, a law or rule shall not compel, directly 7 or indirectly, or through penalties or fines, any person, 8 employer, or health care provider to participate in any health 9 care system. A person or employer may pay directly for lawful 10 health care services and shall not be required to pay penalties 11 or fines for paying directly for lawful health care services. 12 A health care provider may accept direct payment for lawful 13 health care services and shall not be required to pay penalties 14 or fines for accepting direct payment from a person or employer 15 for lawful health care services. Subject to reasonable and 16 necessary rules that do not substantially limit a person’s 17 options, the purchase or sale of health insurance in private 18 health care systems shall not be prohibited by law or rule. 19 This section shall not be construed to affect which health 20 care services a health care provider or hospital is required 21 to perform or provide; affect which health care services are 22 permitted by law; prohibit care provided pursuant to any 23 provision of this Constitution or valid law of this state 24 relating to workers’ compensation; affect laws or rules in 25 effect as of January 1, 2011; or affect the terms or conditions 26 of any health care system to the extent that those terms and 27 conditions do not have the effect of punishing a person or 28 employer for paying directly for lawful health care services 29 or a health care provider for accepting direct payment from 30 a person or employer for lawful health care services. The 31 general assembly may provide by law for the implementation of 32 this section. 33 As used in this section: 34 1. “Direct payment” or “pay directly” means payment for 35 -1- LSB 1880YH (4) 84 av/rj 1/ 3

H.J.R. 5 lawful health care services without a public or private third 1 party, not including an employer, paying for any portion of the 2 services. 3 2. “Health care system” means any public or private entity 4 whose function is the management of, processing of, enrollment 5 of individuals for, or payment for, in full or in part, health 6 care services or health care information for its participants. 7 3. “Lawful health care services” means any health-related 8 service or treatment to the extent that the service or 9 treatment is permitted or not prohibited by law or rules, that 10 may be provided by persons or businesses offering such service 11 or treatment. 12 4. “Penalties or fines” means any civil or criminal penalty 13 or fine, tax, salary or wage withholding or surcharge, or any 14 named fee with a similar effect established by law or rule by 15 an agency established, created, or controlled by the federal 16 or state government, that is used to punish or discourage the 17 exercise of rights protected under this section. 18 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 19 amendment to the Constitution of the State of Iowa is referred 20 to the general assembly to be chosen at the next general 21 election for members of the general assembly, and the secretary 22 of state is directed to cause it to be published for three 23 consecutive months before the date of the election as provided 24 by law. 25 EXPLANATION 26 This joint resolution proposes an amendment to the 27 Constitution of the State of Iowa to preserve the freedom of 28 Iowans to provide for their own health care by not requiring 29 any person, employer, or health care provider to participate 30 in any health care system and allowing any person or employer 31 to pay directly for lawful health care services, without 32 penalties or fines for failure to do so. The general assembly 33 is authorized to implement the amendment by law. 34 The proposed amendment to the Constitution of the State of 35 -2- LSB 1880YH (4) 84 av/rj 2/ 3