Bill Text: TX HJR27 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Proposing a constitutional amendment authorizing certain payment for health care services and prohibiting requiring participation in a health care system.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2011-03-17 - Left pending in committee [HJR27 Detail]
Download: Texas-2011-HJR27-Introduced.html
| 82R54 JSC-D | ||
| By: Legler | H.J.R. No. 27 | |
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| proposing a constitutional amendment authorizing certain payment | ||
| for health care services and prohibiting requiring participation in | ||
| a health care system. | ||
| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article III, Texas Constitution, is amended by | ||
| adding Section 68 to read as follows: | ||
| Sec. 68. (a) In this section: | ||
| (1) "Direct payment" means payment for health care | ||
| services provided to an individual or a dependent of the individual | ||
| that is made by the individual or by the individual's employer, | ||
| without a public or private third party, other than the employer, | ||
| paying for any portion of the service. | ||
| (2) "Health care system" means any public or private | ||
| entity, including a health insurer or health benefit plan, that for | ||
| the benefit of its participants: | ||
| (A) manages, enrolls individuals in, or makes | ||
| full or partial payment for health care services; or | ||
| (B) manages or processes health care data or | ||
| information. | ||
| (b) This state, an agency of this state, or a health care | ||
| system may not: | ||
| (1) impose a fine or penalty on an individual or the | ||
| individual's employer for direct payment for a health care service; | ||
| (2) impose a fine or penalty on a health care provider | ||
| for accepting direct payment for a health care service; or | ||
| (3) directly or indirectly require an individual, | ||
| employer, or health care provider to participate in a health care | ||
| system, including imposing a fine or penalty for failure to | ||
| participate. | ||
| (c) This section does not: | ||
| (1) affect which health care services a health care | ||
| provider or hospital is required to provide; | ||
| (2) affect which health care services are permitted by | ||
| law; | ||
| (3) prohibit care provided pursuant to a workers' | ||
| compensation claim; | ||
| (4) affect a law or rule in effect January 1, 2010; or | ||
| (5) affect the terms or conditions of a health care | ||
| system that do not: | ||
| (A) impose a fine or penalty on an individual or | ||
| the individual's employer for direct payment for a health care | ||
| service; or | ||
| (B) impose a fine or penalty on a health care | ||
| provider for accepting direct payment for a health care service. | ||
| SECTION 2. This proposed constitutional amendment shall be | ||
| submitted to the voters at an election to be held November 8, 2011. | ||
| The ballot shall be printed to permit voting for or against the | ||
| proposition: "A constitutional amendment authorizing certain | ||
| payment for health care services and prohibiting requiring | ||
| participation in a health care system." | ||
