Bill Text: MN SF33 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.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, subdivision 1; proposing coding for new
1.5law in Minnesota Statutes, chapter 1; repealing Minnesota Statutes 2010, sections
1.6256B.055, subdivision 15; 256B.0756; Laws 2010, First Special Session chapter
1.71, article 16, sections 6; 7; 18; 46; 47.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [1.06] FREEDOM OF CHOICE IN HEALTH CARE ACT.
1.10 Subdivision 1. Citation. This section shall be known as and may be cited as the
1.11"Freedom of Choice in Health Care Act."
1.12 Subd. 2. Definitions. (a) For purposes of this section, the following terms have
1.13the meaning given them.
1.14(b) "Health care service" means any service, treatment, or provision of a product for
1.15the care of a physical or mental disease, illness, injury, defect, or condition, or to otherwise
1.16maintain or improve physical or mental health, subject to all laws and rules regulating
1.17health service providers and products within the state of Minnesota.
1.18(c) "Mode of securing" means to purchase directly or on credit or by trade, or to
1.19contract for third-party payment by insurance or other legal means as authorized by the
1.20state of Minnesota, or to apply for or accept employer-sponsored or government-sponsored
1.21health care benefits under such conditions as may legally be required as a condition of
1.22such benefits, or any combination of the same.
1.23(d) "Penalty" means any civil or criminal fine, tax, salary or wage withholding,
1.24surcharge, fee, or any other imposed consequence established by law or rule of a
2.1government or its subdivision or agency that is used to punish or discourage the exercise
2.2of rights protected under this section.
2.3 Subd. 3. Statement of public policy. (a) The power to require or regulate a person's
2.4choice in the mode of securing health care services, or to impose a penalty related to that
2.5choice, is not found in the Constitution of the United States of America, and is therefore a
2.6power reserved to the people pursuant to the Ninth Amendment, and to the several states
2.7pursuant to the Tenth Amendment. The state of Minnesota hereby exercises its sovereign
2.8power to declare the public policy of the state of Minnesota regarding the right of all
2.9persons residing in the state in choosing the mode of securing health care services.
2.10(b) It is hereby declared that the public policy of the state of Minnesota, consistent
2.11with our constitutionally recognized and inalienable rights of liberty, is that every person
2.12within the state of Minnesota is and shall be free to choose or decline to choose any mode
2.13of securing health care services without penalty or threat of penalty.
2.14(c) The policy stated under this section shall not be applied to impair any right of
2.15contract related to the provision of health care services to any person or group.
2.16 Subd. 4. Enforcement. (a) No public official, employee, or agent of the state of
2.17Minnesota or any of its political subdivisions shall act to impose, collect, enforce, or
2.18effectuate any penalty in the state of Minnesota that violates the public policy set forth
2.19in this section.
2.20(b) The attorney general shall take any action as is provided in this section or section
2.218.31 in the defense or prosecution of rights protected under this section.
2.22 Sec. 2. Minnesota Statutes 2010, section 8.31, subdivision 1, is amended to read:
2.23 Subdivision 1. Investigate offenses against provisions of certain designated
2.24sections; assist in enforcement. (a) The attorney general shall investigate violations of the
2.25law of this state respecting unfair, discriminatory, and other unlawful practices in business,
2.26commerce, or trade, and specifically, but not exclusively, the Nonprofit Corporation Act
2.27(sections317A.001 to 317A.909), the Act Against Unfair Discrimination and Competition
2.28(sections325D.01 to 325D.07), the Unlawful Trade Practices Act (sections
325D.09 to
2.29325D.16), the Antitrust Act (sections325D.49 to 325D.66), section
325F.67 and other
2.30laws against false or fraudulent advertising, the antidiscrimination acts contained in
2.31section325D.67 , the act against monopolization of food products (section 325D.68),
2.32the act regulating telephone advertising services (section 325E.39), the Prevention of
2.33Consumer Fraud Act (sections325F.68 to 325F.70), and chapter 53A regulating currency
2.34exchanges and assist in the enforcement of those laws as in this section provided.
3.1(b) The attorney general shall seek injunctive and any other appropriate relief as
3.2expeditiously as possible to preserve the rights and property of the residents of Minnesota,
3.3and to defend as necessary the state of Minnesota, its officials, employees, and agents in
3.4the event that any law or regulation violating the public policy set forth in the Freedom
3.5of Choice in Health Care Act in this section is enacted by any government, subdivision,
3.6or agency thereof.
3.7(c) The attorney general shall seek injunctive and any other appropriate relief
3.8as expeditiously as possible in the event that any law or regulation violating the public
3.9policy set forth in the Freedom of Choice in Health Care Act in this section is enacted
3.10without adequate federal funding to the state to ensure affordable health care coverage
3.11is available to the residents of Minnesota.
3.12 Sec. 3. REPEALER.
3.13(a) Minnesota Statutes 2010, sections 256B.055, subdivision 15; and 256B.0756, are
3.14repealed.
3.15(b) Laws 2010, First Special Session chapter 1, article 16, sections 6; 7; 18; 46;
3.16and 47, are repealed.
3.17EFFECTIVE DATE.This section is effective February 28, 2011.
1.3resident of Minnesota has the freedom of choice in health care; amending
1.4Minnesota Statutes 2010, section 8.31, subdivision 1; proposing coding for new
1.5law in Minnesota Statutes, chapter 1; repealing Minnesota Statutes 2010, sections
1.6256B.055, subdivision 15; 256B.0756; Laws 2010, First Special Session chapter
1.71, article 16, sections 6; 7; 18; 46; 47.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [1.06] FREEDOM OF CHOICE IN HEALTH CARE ACT.
1.10 Subdivision 1. Citation. This section shall be known as and may be cited as the
1.11"Freedom of Choice in Health Care Act."
1.12 Subd. 2. Definitions. (a) For purposes of this section, the following terms have
1.13the meaning given them.
1.14(b) "Health care service" means any service, treatment, or provision of a product for
1.15the care of a physical or mental disease, illness, injury, defect, or condition, or to otherwise
1.16maintain or improve physical or mental health, subject to all laws and rules regulating
1.17health service providers and products within the state of Minnesota.
1.18(c) "Mode of securing" means to purchase directly or on credit or by trade, or to
1.19contract for third-party payment by insurance or other legal means as authorized by the
1.20state of Minnesota, or to apply for or accept employer-sponsored or government-sponsored
1.21health care benefits under such conditions as may legally be required as a condition of
1.22such benefits, or any combination of the same.
1.23(d) "Penalty" means any civil or criminal fine, tax, salary or wage withholding,
1.24surcharge, fee, or any other imposed consequence established by law or rule of a
2.1government or its subdivision or agency that is used to punish or discourage the exercise
2.2of rights protected under this section.
2.3 Subd. 3. Statement of public policy. (a) The power to require or regulate a person's
2.4choice in the mode of securing health care services, or to impose a penalty related to that
2.5choice, is not found in the Constitution of the United States of America, and is therefore a
2.6power reserved to the people pursuant to the Ninth Amendment, and to the several states
2.7pursuant to the Tenth Amendment. The state of Minnesota hereby exercises its sovereign
2.8power to declare the public policy of the state of Minnesota regarding the right of all
2.9persons residing in the state in choosing the mode of securing health care services.
2.10(b) It is hereby declared that the public policy of the state of Minnesota, consistent
2.11with our constitutionally recognized and inalienable rights of liberty, is that every person
2.12within the state of Minnesota is and shall be free to choose or decline to choose any mode
2.13of securing health care services without penalty or threat of penalty.
2.14(c) The policy stated under this section shall not be applied to impair any right of
2.15contract related to the provision of health care services to any person or group.
2.16 Subd. 4. Enforcement. (a) No public official, employee, or agent of the state of
2.17Minnesota or any of its political subdivisions shall act to impose, collect, enforce, or
2.18effectuate any penalty in the state of Minnesota that violates the public policy set forth
2.19in this section.
2.20(b) The attorney general shall take any action as is provided in this section or section
2.218.31 in the defense or prosecution of rights protected under this section.
2.22 Sec. 2. Minnesota Statutes 2010, section 8.31, subdivision 1, is amended to read:
2.23 Subdivision 1. Investigate offenses against provisions of certain designated
2.24sections; assist in enforcement. (a) The attorney general shall investigate violations of the
2.25law of this state respecting unfair, discriminatory, and other unlawful practices in business,
2.26commerce, or trade, and specifically, but not exclusively, the Nonprofit Corporation Act
2.27(sections
2.28(sections
2.29325D.16), the Antitrust Act (sections
2.30laws against false or fraudulent advertising, the antidiscrimination acts contained in
2.31section
2.32the act regulating telephone advertising services (section 325E.39), the Prevention of
2.33Consumer Fraud Act (sections
2.34exchanges and assist in the enforcement of those laws as in this section provided.
3.1(b) The attorney general shall seek injunctive and any other appropriate relief as
3.2expeditiously as possible to preserve the rights and property of the residents of Minnesota,
3.3and to defend as necessary the state of Minnesota, its officials, employees, and agents in
3.4the event that any law or regulation violating the public policy set forth in the Freedom
3.5of Choice in Health Care Act in this section is enacted by any government, subdivision,
3.6or agency thereof.
3.7(c) The attorney general shall seek injunctive and any other appropriate relief
3.8as expeditiously as possible in the event that any law or regulation violating the public
3.9policy set forth in the Freedom of Choice in Health Care Act in this section is enacted
3.10without adequate federal funding to the state to ensure affordable health care coverage
3.11is available to the residents of Minnesota.
3.12 Sec. 3. REPEALER.
3.13(a) Minnesota Statutes 2010, sections 256B.055, subdivision 15; and 256B.0756, are
3.14repealed.
3.15(b) Laws 2010, First Special Session chapter 1, article 16, sections 6; 7; 18; 46;
3.16and 47, are repealed.
3.17EFFECTIVE DATE.This section is effective February 28, 2011.
