AN ACT

Amending title 36, Arizona Revised Statutes, by adding chapter 11; relating to health care services freedom of choice.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 36, Arizona Revised Statutes, is amended by adding chapter 11, to read:

CHAPTER 11

HEALTH CARE SERVICES FREEDOM OF CHOICE

ARTICLE 1.  GENERAL PROVISIONS

START_STATUTE36-1301.  Health care services; constitutional freedom of choice; public policy; definitions

A.  The power to require or regulate a person's choice in the mode of securing lawful health care services, or to impose a penalty related to that choice, is not found in the Constitution of the United States of America, and is therefore a power reserved to the people pursuant to the Tenth Amendment. This state exercises its sovereign power to declare the public policy of this state regarding the right of all persons residing in this state in choosing the mode of securing lawful health care services.

B.  It is the public policy of this state, consistent with all constitutionally enumerated rights, as well as those rights otherwise retained by the people, that every person in this state may choose or decline to choose any mode of securing lawful health care services without penalty or threat of penalty.

C.  The public policy stated in this section does not apply to impair any right of contract related to the provision of lawful health care services to any person or group.

D.  The public policy stated in this section does not prohibit or limit care provided pursuant to article XVIII, section 8, Constitution of Arizona, or any statutes enacted by the legislature relating to workers' compensation.

E.  A public official or an employee or agent of this state or any political subdivision of this state shall not act to impose, collect, enforce or effectuate any penalty in this state that violates the public policy prescribed in this section.

F.  For the purposes of this section:

1.  "Lawful Health care services" means any health related service or treatment that is permitted or not prohibited by law or regulation and that may be provided by persons or businesses otherwise permitted to offer that service.

2.  "Mode of securing" means to purchase directly, on credit or by trade, to contract for third-party payment by insurance or other legal means authorized by this state or to apply for or accept employer or government sponsored health care benefits under any conditions that may legally be required as a condition of those benefits, or any combination of these modes of purchase.

3.  "Penalty" means a civil or criminal penalty or fine, a tax, salary or wage withholding or surcharge, or any named fee with a similar effect that is established by law or rule by a government established, created or controlled agency and that is used to punish or discourage the exercise of rights protected pursuant to this section. END_STATUTE

Sec. 2.  Legislative findings; litigation

A.  The legislature finds that the patient protection and affordable care act (P.L. 111‑148) violates the public policy of this state as prescribed in section 36-1301, Arizona Revised Statutes, as added by this act.

B.  Notwithstanding title 41, chapter 1, Arizona Revised Statutes, and any other law, the governor may direct counsel other than the attorney general to initiate a legal proceeding or appear on behalf of this state to enforce the public policy prescribed in this act.  This subsection applies to any action filed in a federal court on or before December 31, 2010.

C.  Notwithstanding any law to the contrary, the speaker of the house of representatives and the president of the senate may direct counsel to initiate a legal proceeding or appear on behalf of their respective chambers or on behalf of the legislature to enforce the public policy prescribed in this act and the constitutional authority of the legislature.

Sec. 3.  Retroactivity

This act is effective retroactively to from and after March 22, 2010.