Bill Text For SJR0059 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             2nd Session of the 52nd Legislature (2010)                |
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 3|SENATE JOINT                                                           |
  |RESOLUTION 59                        By: Newberry                      |
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 6|                            AS INTRODUCED                              |
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 7|       A Joint Resolution directing the Secretary of State             |
  |       to refer to the people for their approval or                    |
 8|       rejection a proposed amendment to the Oklahoma                  |
  |       Constitution by adding a new section to Article II to           |
 9|       be designated as Section 376; defining terms;                   |
  |       prohibiting laws or rules that compel entities to               |
10|       participate in any health care system; permitting               |
  |       persons and employers to pay directly for health care           |
11|       services; permitting health care providers to accept            |
  |       direct payment for health care services; making it              |
12|       illegal to prohibit the purchase or sale of health              |
  |       insurance in private health care systems; clarifying            |
13|       scope of language; providing ballot title; and                  |
  |       directing filing.                                               |
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16|BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE   |
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17|2ND SESSION OF THE 52ND OKLAHOMA LEGISLATURE:                          |
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18|    SECTION 1.  The Secretary of State shall refer to the people for   |
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19|their approval or rejection, as and in the manner provided by law,     |
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20|the following proposed amendment to Article II of the Oklahoma         |
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21|Constitution by adding a new Section 37 to read as follows:            |
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22|    Section 37.  A.  For purposes of this section:                     |
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23|    1.  "Compel" shall include penalties or fines;                     |
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   Req. No. 2365                                                   Page 1
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 1|    2.  "Direct payment or pay directly" means payment for lawful      |
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 2|health care services without a public or private third party, not      |
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 3|including an employer, paying for any portion of the service;          |
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 4|    3.  "Health care system" means any public or private entity        |
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 5|whose function or purpose is the management of, processing of,         |
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 6|enrollment of individuals for or payment for, in full or in part,      |
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 7|health care services or health care data or health care information    |
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 8|for its participants;                                                  |
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 9|    4.  "Lawful health care services" means any health-related         |
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10|service or treatment to the extent that the service or treatment is    |
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11|permitted or not prohibited by law or regulation that may be           |
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12|provided by persons or businesses otherwise permitted to offer such    |
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13|services; and                                                          |
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14|    5.  "Penalties or fines" means any civil or criminal penalty or    |
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15|fine, tax, salary or wage withholding or surcharge or any named fee    |
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16|with a similar effect established by law or rule by a                  |
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17|government-established, -created or -controlled agency that is used    |
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18|to punish or discourage the exercise of rights protected under this    |
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19|section.                                                               |
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20|    B.  To preserve the freedom of Oklahomans to provide for their     |
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21|health care:                                                           |
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22|    1.  A law or rule shall not compel, directly or indirectly, any    |
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23|person, employer or health care provider to participate in any         |
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24|health care system; and                                                |
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   Req. No. 2365                                                   Page 2
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 1|    2.  A person or employer may pay directly for lawful health care   |
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 2|services and shall not be required to pay penalties or fines for       |
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 3|paying directly for lawful health care services.  A health care        |
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 4|provider may accept direct payment for lawful health care services     |
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 5|and shall not be required to pay penalties or fines for accepting      |
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 6|direct payment from a person or employer for lawful health care        |
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 7|services.                                                              |
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 8|    C.  Subject to reasonable and necessary rules that do not          |
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 9|substantially limit a person's options, the purchase or sale of        |
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10|health insurance in private health care systems shall not be           |
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11|prohibited by law or rule.                                             |
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12|    D.  This section shall not:                                        |
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13|    1.  Affect which health care services a health care provider or    |
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14|hospital is required to perform or provide;                            |
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15|    2.  Affect which health care services are permitted by law;        |
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16|    3.  Prohibit care related to workers' compensation;                |
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17|    4.  Affect laws or rules in effect as of January 1, 2010; or       |
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18|    5.  Affect the terms or conditions of any health care system to    |
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19|the extent that those terms and conditions do not have the effect of   |
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20|punishing a person or employer for paying directly for lawful health   |
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21|care services or a health care provider or hospital for accepting      |
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22|direct payment from a person or employer for lawful health care        |
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23|services.                                                              |
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   Req. No. 2365                                                   Page 3
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 1|    SECTION 2.  The Ballot Title for the proposed Constitutional       |
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 2|amendment as set forth in SECTION 1 of this resolution shall be in     |
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 3|the following form:                                                    |
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 4|                            BALLOT TITLE                               |
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 5|Legislative Referendum No. ____           State Question No. ____      |
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 6|THE GIST OF THE PROPOSITION IS AS FOLLOWS:                             |
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 7|    This measure adds a new section of law to the State                |
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 8|    Constitution.  It adds Section 37 to Article 2.  It prohibits      |
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 9|    making a person use a health care system.  It prohibits making     |
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10|    an employer use a health care system.  It prohibits making a       |
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11|    health care provider provide treatment in a health care system.    |
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12|    It allows a person to pay for treatment directly.  It allows an    |
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13|    employer to pay for treatment directly.  It allows a health care   |
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14|    provider to accept payment for treatment directly.  It allows      |
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15|    the purchase of health insurance in private health care systems.   |
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16|     It allows the sale of health insurance in private health care     |
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17|    systems.                                                           |
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18|    SHALL THE PROPOSAL BE APPROVED?                                    |
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19|    FOR THE PROPOSAL  YES          _____________                       |
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20|    AGAINST THE PROPOSAL  NO       _____________                       |
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21|SECTION 3.  The President Pro Tempore of the Senate shall,             |
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22|immediately after the passage of this resolution, prepare and file     |
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23|one copy thereof, including the Ballot Title set forth in SECTION 2    |
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   Req. No. 2365                                                   Page 4
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 1|hereof, with the Secretary of State and one copy with the Attorney     |
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 2|General.                                                               |
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 4|    52-2-2365      JM        1/13/2010 10:27:31 AM                     |
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   Req. No. 2365                                                   Page 5
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