| |
| |
|
|
A JOINT RESOLUTION
|
|
|
proposing a constitutional amendment authorizing certain payment |
|
|
for health care services and prohibiting requiring participation in |
|
|
a mandatory 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 any payment for health care |
|
|
services provided to an individual or dependent of the individual |
|
|
that is made by the individual or an employer who pays any portion |
|
|
of the service on behalf of the individual. |
|
|
(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 manages, enrolls individuals in, or |
|
|
makes full or partial payment for health care services. |
|
|
(b) This state, an agency of this state, or a health care |
|
|
system may not: |
|
|
(1) impos |
|
|
e a fine or penalty on an individual or the |
|
|
individual's employer for direct payment for a health care service; |
|
|
(2) prohibit a health care provider from, or fine or |
|
|
penalize a health care provider for, billing for or 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. |
|
|
(d) This section may not be construed to prohibit a |
|
|
negotiated provision in any insurance contract, network agreement, |
|
|
or other provider agreement contractually limiting copayments, |
|
|
coinsurance, deductibles, or other patient charges. |
|
|
SECTION 2. This proposed constitutional amendment shall be |
|
|
submitted to the voters at an election to be held November 5, 2013. |
|
|
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." |