Bill Text: IA HJR5 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 34-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HJR5 Detail]
Download: Iowa-2011-HJR5-Introduced.html
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
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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
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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
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