Bill Text: OH SJR7 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: As Introduced 128th General AssemblyRegular Session2009-2010S. J. R. No. 7 Senator Grendell [Track Bill]

Status: 2009-09-24 - To Insurance, Commerce, & Labor [SJR7 Detail]

Download: Ohio-2009-SJR7-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. J. R. No. 7

Senator Grendell 

Cosponsor: Senator Jones 

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A JOINT RESOLUTION

Proposing to enact Section 43 of Article II of the

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Constitution of the State of Ohio to prohibit a

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law or rule from compelling a person, employer, or

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health care provider to participate in a health

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care system.

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Be it resolved by the General Assembly of the State of Ohio,	6
three-fifths of the members elected to each house concurring	7
herein, that there shall be submitted to the electors of the	8
state, in the manner prescribed by law at a special election to	9
be held February 2, 2010, a proposal to enact Section 43 of	10
Article II of the Constitution of the State of Ohio to read as	11
follows:	12

43.   (A) To preserve the freedom of Ohioans to	13
provide for their health care:	14

(1) A law or rule shall not compel, directly or indirectly,	15
any person, employer, or health care provider to participate in	16
any health care system.	17

(2) A person or employer may pay directly for lawful health	18
care services and shall not be required to pay penalties or fines	19
for paying directly for lawful health care services. A health care	20
provider may accept direct payment for lawful health care services	21
and shall not be required to pay penalties or fines for accepting	22
direct payment from a person or employer for lawful health care	23
services.	24

(B) Subject to reasonable and necessary rules that do not	25
substantially limit a person's options, the purchase or sale of	26
health insurance in private health care systems shall not be	27
prohibited by law or rule.	28

(C) This section does not:

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(1) Affect which health care services a health care provider	30
or hospital is required to perform or provide;	31

(2) Affect which health care services are permitted by law;

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(3) Prohibit care provided through any statutes enacted by	33
the general assembly relating to workers' compensation;	34

(4) Affect laws or rules in effect as of August 1, 2009;

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(5) Affect the terms or conditions of any health care system	36
to the extent that those terms and conditions do not have the	37
effect of punishing a person or employer for paying directly for	38
lawful health care services or a health care provider or hospital	39
for accepting direct payment from a person or employer for lawful	40
health care services.	41

(D) As used in this section:

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(1) "Compel" includes penalties or fines.

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(2) "Direct payment" or "pay directly" means payment for	44
lawful health care services without a public or private third	45
party, not including an employer, paying for any portion of the	46
service.	47

(3) "Health care system" means any public or private entity	48
whose function or purpose is the management of, processing of,	49
enrollment of individuals for or payment for, in full or in part,	50
health care services or health care data or health care	51
information for its participants.	52

(4) "Lawful health care services" means any health-related	53
service or treatment to the extent that the service or treatment	54
is permitted or not prohibited by law or rules that may be	55
provided by persons or businesses otherwise permitted to offer	56
such services.	57

(5) "Penalties or fines" means any civil or criminal penalty	58
or fine, tax, salary or wage withholding or surcharge, or any	59
named fee with a similar effect established by law or rule by a	60
government-established, -created, or -controlled agency that is	61
used to punish or discourage the exercise of rights protected	62
under this section.	63

EFFECTIVE DATE	64

If adopted by a majority of the electors voting on this	65
proposal at a special election held February 2, 2010, Section 43	66
of Article II of the Constitution of the State of Ohio shall take	67
effect immediately.	68