Bill Text: MN SF33 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Freedom of Choice in Health Care Act
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2011-03-03 - Author added Vandeveer [SF33 Detail]
Download: Minnesota-2011-SF33-Engrossed.html
1.2relating to health; providing a statement of public policy declaring that every
1.3resident of Minnesota has the freedom of choice in health care;amending
1.4Minnesota Statutes 2010, section 8.31, subdivisions 1, 3a; proposing coding for
1.5new law in Minnesota Statutes, chapter 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [1.06] FREEDOM OF CHOICE IN HEALTH CARE ACT.
1.8 Subdivision 1. Citation. This section shall be known as and may be cited as the
1.9"Freedom of Choice in Health Care Act."
1.10 Subd. 2. Definitions. (a) For purposes of this section, the following terms have
1.11the meaning given them.
1.12(b) "Health care service" means any service, treatment, or provision of a product for
1.13the care of a physical or mental disease, illness, injury, defect, or condition, or to otherwise
1.14maintain or improve physical or mental health, subject to all laws and rules regulating
1.15health service providers and products within the state of Minnesota.
1.16(c) "Mode of securing" means to purchase directly or on credit or by trade, or to
1.17contract for third-party payment by insurance or other legal means as authorized by the
1.18state of Minnesota, or to apply for or accept employer-sponsored or government-sponsored
1.19health care benefits under such conditions as may legally be required as a condition of
1.20such benefits, or any combination of the same.
1.21(d) "Penalty" means any civil or criminal fine, tax, salary or wage withholding,
1.22surcharge, fee, or any other imposed consequence established by law or rule of a
1.23government or its subdivision or agency that is used to punish or discourage the exercise
1.24of rights protected under this section.
2.1 Subd. 3. Statement of public policy. (a) The power to require or regulate a person's
2.2choice in the mode of securing health care services, or to impose a penalty related to that
2.3choice, is not found in the Constitution of the United States of America, and is therefore a
2.4power reserved to the people pursuant to the Ninth Amendment, and to the several states
2.5pursuant to the Tenth Amendment. The state of Minnesota hereby exercises its sovereign
2.6power to declare the public policy of the state of Minnesota regarding the right of all
2.7persons residing in the state in choosing the mode of securing health care services.
2.8(b) It is hereby declared that the public policy of the state of Minnesota, consistent
2.9with our constitutionally recognized and inalienable rights of liberty, is that every person
2.10within the state of Minnesota is and shall be free to choose or decline to choose any mode
2.11of securing health care services without penalty or threat of penalty.
2.12(c) The policy stated under this section shall not be applied to impair any right of
2.13contract related to the provision of health care services to any person or group.
2.14 Subd. 4. Enforcement. (a) No public official, employee, or agent of the state of
2.15Minnesota or any of its political subdivisions shall act to impose, collect, enforce, or
2.16effectuate any penalty in the state of Minnesota that violates the public policy set forth
2.17in this section.
2.18(b) The attorney general shall take any action as is provided in this section or section
2.198.31 in the defense or prosecution of rights protected under this section.
2.20 Sec. 2. Minnesota Statutes 2010, section 8.31, subdivision 1, is amended to read:
2.21 Subdivision 1. Investigate offenses against provisions of certain designated
2.22sections; assist in enforcement. (a) The attorney general shall investigate violations of the
2.23law of this state respecting unfair, discriminatory, and other unlawful practices in business,
2.24commerce, or trade, and specifically, but not exclusively, the Nonprofit Corporation Act
2.25(sections317A.001 to 317A.909), the Act Against Unfair Discrimination and Competition
2.26(sections325D.01 to 325D.07), the Unlawful Trade Practices Act (sections
325D.09 to
2.27325D.16), the Antitrust Act (sections325D.49 to 325D.66), section
325F.67 and other
2.28laws against false or fraudulent advertising, the antidiscrimination acts contained in
2.29section325D.67 , the act against monopolization of food products (section 325D.68),
2.30the act regulating telephone advertising services (section 325E.39), the Prevention of
2.31Consumer Fraud Act (sections325F.68 to 325F.70), and chapter 53A regulating currency
2.32exchanges and assist in the enforcement of those laws as in this section provided.
2.33(b) The attorney general shall seek injunctive and any other appropriate relief as
2.34expeditiously as possible to preserve the rights and property of the residents of Minnesota,
2.35and to defend as necessary the state of Minnesota, its officials, employees, and agents in
3.1the event that any law or regulation violating the public policy set forth in the Freedom
3.2of Choice in Health Care Act in this section is enacted by any government, subdivision,
3.3or agency thereof.
3.4(c) The attorney general shall seek injunctive and any other appropriate relief
3.5as expeditiously as possible in the event that any law or regulation violating the public
3.6policy set forth in the Freedom of Choice in Health Care Act in this section is enacted
3.7without adequate federal funding to the state to ensure affordable health care coverage
3.8is available to the residents of Minnesota.
3.9 Sec. 3. Minnesota Statutes 2010, section 8.31, subdivision 3a, is amended to read:
3.10 Subd. 3a. Private remedies. In addition to the remedies otherwise provided by law,
3.11any person injured by a violation of any of the laws referred to in subdivision 1 or a
3.12violation of the public policy in section 1.06 may bring a civil action and recover damages,
3.13together with costs and disbursements, including costs of investigation and reasonable
3.14attorney's fees, and receive other equitable relief as determined by the court. The court
3.15may, as appropriate, enter a consent judgment or decree without the finding of illegality.
3.16In any action brought by the attorney general pursuant to this section, the court may award
3.17any of the remedies allowable under this subdivision. An action under this subdivision
3.18for any violation of section 1.06 is in the public interest.
1.3resident of Minnesota has the freedom of choice in health care;amending
1.4Minnesota Statutes 2010, section 8.31, subdivisions 1, 3a; proposing coding for
1.5new law in Minnesota Statutes, chapter 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [1.06] FREEDOM OF CHOICE IN HEALTH CARE ACT.
1.8 Subdivision 1. Citation. This section shall be known as and may be cited as the
1.9"Freedom of Choice in Health Care Act."
1.10 Subd. 2. Definitions. (a) For purposes of this section, the following terms have
1.11the meaning given them.
1.12(b) "Health care service" means any service, treatment, or provision of a product for
1.13the care of a physical or mental disease, illness, injury, defect, or condition, or to otherwise
1.14maintain or improve physical or mental health, subject to all laws and rules regulating
1.15health service providers and products within the state of Minnesota.
1.16(c) "Mode of securing" means to purchase directly or on credit or by trade, or to
1.17contract for third-party payment by insurance or other legal means as authorized by the
1.18state of Minnesota, or to apply for or accept employer-sponsored or government-sponsored
1.19health care benefits under such conditions as may legally be required as a condition of
1.20such benefits, or any combination of the same.
1.21(d) "Penalty" means any civil or criminal fine, tax, salary or wage withholding,
1.22surcharge, fee, or any other imposed consequence established by law or rule of a
1.23government or its subdivision or agency that is used to punish or discourage the exercise
1.24of rights protected under this section.
2.1 Subd. 3. Statement of public policy. (a) The power to require or regulate a person's
2.2choice in the mode of securing health care services, or to impose a penalty related to that
2.3choice, is not found in the Constitution of the United States of America, and is therefore a
2.4power reserved to the people pursuant to the Ninth Amendment, and to the several states
2.5pursuant to the Tenth Amendment. The state of Minnesota hereby exercises its sovereign
2.6power to declare the public policy of the state of Minnesota regarding the right of all
2.7persons residing in the state in choosing the mode of securing health care services.
2.8(b) It is hereby declared that the public policy of the state of Minnesota, consistent
2.9with our constitutionally recognized and inalienable rights of liberty, is that every person
2.10within the state of Minnesota is and shall be free to choose or decline to choose any mode
2.11of securing health care services without penalty or threat of penalty.
2.12(c) The policy stated under this section shall not be applied to impair any right of
2.13contract related to the provision of health care services to any person or group.
2.14 Subd. 4. Enforcement. (a) No public official, employee, or agent of the state of
2.15Minnesota or any of its political subdivisions shall act to impose, collect, enforce, or
2.16effectuate any penalty in the state of Minnesota that violates the public policy set forth
2.17in this section.
2.18(b) The attorney general shall take any action as is provided in this section or section
2.198.31 in the defense or prosecution of rights protected under this section.
2.20 Sec. 2. Minnesota Statutes 2010, section 8.31, subdivision 1, is amended to read:
2.21 Subdivision 1. Investigate offenses against provisions of certain designated
2.22sections; assist in enforcement. (a) The attorney general shall investigate violations of the
2.23law of this state respecting unfair, discriminatory, and other unlawful practices in business,
2.24commerce, or trade, and specifically, but not exclusively, the Nonprofit Corporation Act
2.25(sections
2.26(sections
2.27325D.16), the Antitrust Act (sections
2.28laws against false or fraudulent advertising, the antidiscrimination acts contained in
2.29section
2.30the act regulating telephone advertising services (section 325E.39), the Prevention of
2.31Consumer Fraud Act (sections
2.32exchanges and assist in the enforcement of those laws as in this section provided.
2.33(b) The attorney general shall seek injunctive and any other appropriate relief as
2.34expeditiously as possible to preserve the rights and property of the residents of Minnesota,
2.35and to defend as necessary the state of Minnesota, its officials, employees, and agents in
3.1the event that any law or regulation violating the public policy set forth in the Freedom
3.2of Choice in Health Care Act in this section is enacted by any government, subdivision,
3.3or agency thereof.
3.4(c) The attorney general shall seek injunctive and any other appropriate relief
3.5as expeditiously as possible in the event that any law or regulation violating the public
3.6policy set forth in the Freedom of Choice in Health Care Act in this section is enacted
3.7without adequate federal funding to the state to ensure affordable health care coverage
3.8is available to the residents of Minnesota.
3.9 Sec. 3. Minnesota Statutes 2010, section 8.31, subdivision 3a, is amended to read:
3.10 Subd. 3a. Private remedies. In addition to the remedies otherwise provided by law,
3.11any person injured by a violation of any of the laws referred to in subdivision 1 or a
3.12violation of the public policy in section 1.06 may bring a civil action and recover damages,
3.13together with costs and disbursements, including costs of investigation and reasonable
3.14attorney's fees, and receive other equitable relief as determined by the court. The court
3.15may, as appropriate, enter a consent judgment or decree without the finding of illegality.
3.16In any action brought by the attorney general pursuant to this section, the court may award
3.17any of the remedies allowable under this subdivision. An action under this subdivision
3.18for any violation of section 1.06 is in the public interest.
