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