MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Constitution
By: Representatives Monsour, Baker, Bennett, Busby, Byrd, Carpenter, Crawford, Currie, Denny, Formby, Gipson, Guice, Gunn, Hamilton, Haney, Huddleston (15th), Jennings, Lott, Moore, Morgan, Read, Snowden, Staples, Turner, Woods, Zuber, Chism
A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890 BY CREATING A NEW SECTION TO PROHIBIT LAWS OR RULES FROM COMPELLING ANY PERSON, EMPLOYER OR HEALTH CARE PROVIDER TO PARTICIPATE IN ANY HEALTH CARE SYSTEM; TO PERMIT A PERSON OR EMPLOYER TO PAY DIRECTLY FOR LAWFUL HEALTH CARE SERVICES AND TO PERMIT A HEALTH CARE PROVIDER TO ACCEPT DIRECT PAYMENT FROM A PERSON OR EMPLOYER FOR LAWFUL HEALTH CARE SERVICES; TO PROVIDE THAT THE PURCHASE OR SALE OF HEALTH INSURANCE SHALL NOT BE PROHIBITED BY LAW OR RULE; AND FOR RELATED PURPOSES.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:
Amend the Mississippi Constitution of 1890 by creating a new section to read as follows:
"Section___. (1) To preserve the freedom of Mississippians to provide for their health care:
(a) A law or rule shall not compel, directly or indirectly, any person, employer or health care provider to participate in any health care system.
(b) A person or employer may pay directly for lawful health care services and shall not be required to pay penalties or fines for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care services and shall not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services.
(2) Subject to reasonable and necessary rules that do not
substantially limit a person's options, the purchase or sale of
health insurance in private health care systems shall not be
prohibited by law or rule.
(3) This section does not:
(a) Affect which health care services a health care
provider or hospital is required to perform or provide.
(b) Affect which health care services are permitted by law.
(c) Prohibit care provided pursuant to any law of this
state relating to workers compensation.
(d) Affect laws or rules in effect as of January 1, 2010.
(e) 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 employer for paying directly for lawful health care services or a health care provider or hospital for accepting direct payment from a person or employer for lawful health care services.
(4) For the purposes of this section:
(a) "Compel" includes the imposition of a penalty or fine.
(b) "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.
(c) "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 for, in full or in part, health care services or health care data or health care information for its participants.
(d) "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 rule, that may be provided by persons or businesses otherwise permitted to offer such services.
(e) "Penalty or fine" means any civil or criminal penalty or fine, tax, salary or wage withholding or surcharge, or any named fee with a similar effect established by law or rule by an agency established, created or controlled by government, that is used to punish or discourage the exercise of rights protected under this section."
BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2012, as provided by Section 273 of the Constitution and by general law.
BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment prohibits laws or rules from compelling any person, employer or health care provider to participate in any health care system; permits a person or employer to pay directly for lawful health care services; permits a health care provider to accept direct payment from a person or employer for lawful health care services and provides that the purchase or sale of health insurance shall not be prohibited by law or rule."
BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall submit this resolution, immediately upon adoption by the Legislature and upon ratification by the qualified electors of this state, to the Attorney General of the United States or to the United States District Court for the District of Columbia, in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.