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Mon Sep 3, 2012, 03:01 PM

What is this Constitutional amendment all about?

I just saw this published among the legal notices in a Florida newspaper. It looks to me like they may be trying to overrule obamacare?

HEALTH CARE SERVICES.-
Ballot Summary: Proposing an amendment to the State Constitution to prohibit laws or rules from compelling any person or employer to purchase, obtain, or otherwise provide for health care coverage; permit a person or an employer to purchase lawful health care services directly from a health care provider; permit a health care provider to accept direct payment from a person or an employer for lawful health care services; exempt persons, employers, and health care providers from penalties and taxes for paying directly or accepting direct payment for lawful health care services; and prohibit laws or rules from abolishing the private market for health care coverage of any lawful health care service. Specifies that the amendment does not affect which health care services a health care provider is required to perform or provide; affect which health care services are permitted by law; prohibit care provided pursuant to general law relating to workers' compensation; affect laws or rules in effect as of March 1, 2010; affect the terms or conditions of any health care system to the extent that those terms and conditions do not have the effect of punishing a person or an employer for paying directly for lawful health care services or a health care provider for accepting direct payment from a person or an employer for lawful health care services; or affect any general law passed by two-thirds vote of the membership of each house of the Legislature, passed after the effective date of the amendment, provided such law states with specificity the public necessity justifying the exceptions from the provisions of the amendment. The amendment expressly provides that it may not be construed to prohibit negotiated provisions in insurance contracts, network agreements, or other provider agreements contractually limiting copayments, coinsurance, deductibles, or other patient charges.
Full Text:
ARTICLE I
DECLARATION OF RIGHTS
SECTION 28. Health care services.-
(a) To preserve the freedom of all residents of the state to provide for their own health care:
(1) A law or rule may not compel, directly or indirectly, any person or employer to purchase, obtain, or otherwise provide for health care coverage.
(2) A person or an employer may pay directly for lawful health care services and may not be required to pay penalties or taxes for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care services and may not be required to pay penalties or taxes for accepting direct payment from a person or an employer for lawful health care services.
(b) The private market for health care coverage of any lawful health care service may not be abolished by law or rule.
(c) This section does not:
(1) Affect which health care services a health care provider is required to perform or provide.
(2) Affect which health care services are permitted by law.
(3) Prohibit care provided pursuant to general law relating to workers' compensation.
(4) Affect laws or rules in effect as of March 1, 2010.
(5) Affect the terms or conditions of any health care system to the extent that those terms and conditions do not have the effect of punishing a person or an employer for paying directly for lawful health care services or a health care provider for accepting direct payment from a person or an employer for lawful health care services, except that this section may not be construed to prohibit any negotiated provision in any insurance contract, network agreement, or other provider agreement contractually limiting copayments, coinsurance, deductibles, or other patient charges.
(6) Affect any general law passed by a two-thirds vote of the membership of each house of the legislature after the effective date of this section, if the law states with specificity the public necessity that justifies an exception from this section.
(d) As used in this section, the term:
(1) "Compel" includes the imposition of penalties or taxes.
(2) "Direct payment" or "pay directly" means payment for lawful health care services without a public or private third party, not including an employer, paying for any portion of the service.
(3) "Health care system" means any public or private entity whose function or purpose is the management of, processing of, enrollment of individuals for, or payment, in full or in part, for health care services, health care data, or health care information for its participants.
(4) "Lawful health care services" means any health-related service or treatment, to the extent that the service or treatment is permitted or not prohibited by law or regulation at the time the service or treatment is rendered, which may be provided by persons or businesses otherwise permitted to offer such services.
(5) "Penalties or taxes" means any civil or criminal penalty or fine, tax, salary or wage withholding or surcharge, or named fee with a similar effect established by law or rule by an agency established, created, or controlled by the government which is used to punish or discourage the exercise of rights protected under this section. For purposes of this section only, the term "rule by an agency" may not be construed to mean any negotiated provision in any insurance contract, network agreement, or other provider agreement contractually limiting copayments, coinsurance, deductibles, or other patient charges.

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Reply What is this Constitutional amendment all about? (Original post)
flyingfysh Sep 2012 OP
socialindependocrat Sep 2012 #1
Loudly Sep 2012 #2
hay rick Sep 2012 #3

Response to flyingfysh (Original post)

Mon Sep 3, 2012, 03:13 PM

1. I like this part - To preserve the freedom to provide for themselves...

SECTION 28. Health care services.-
(a) To preserve the freedom of all residents of the state to provide for their own health care:

....and be able to coose the voucher system proposed by Lyin' Ryan

Or - better still - to allow them to have no insurance at all
and to ride on the tails of the taxpayers.

Whatever - it's going to get paid for one way or the other.

Never mind! Carry on!

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Response to flyingfysh (Original post)

Mon Sep 3, 2012, 03:26 PM

2. Don't complain about the length of the Affordable Care Act

and then present voters with this long-winded POS as a proposed constitutional amendment.

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Response to flyingfysh (Original post)

Mon Sep 3, 2012, 06:20 PM

3. Anti-mandate stupidity.

Link here: http://ballotpedia.org/wiki/index.php/Florida_Health_Care,_Amendment_1_%282012%29

A similar constitutional amendment was removed from the 2010 ballot. If approved (requires a 60% affirmative vote), it would probably be found unconstitutional by the Supremes.

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