Senate Bill 2534

AN ACT TO PROVIDE THAT EVERY PERSON IN THIS STATE HAS THE RIGHT TO PAY DIRECTLY FOR HEALTH CARE SERVICES AND PURCHASE INSURANCE FROM THE PROVIDER OF THEIR CHOICE; TO PROVIDE THAT NO PUBLIC OFFICIAL SHALL IMPOSE ANY PENALTY OR TAX IN DEROGATION OF THE RIGHT SET FORTH UNDER THIS ACT; TO PROVIDE EXEMPTIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) This shall be known and may be cited as the "Health Care Freedom of Choice Act."

(2) To preserve the freedom of Mississippians to provide for their health care and to insure the preservation of a free market for health care in Mississippi, it is the public policy of this state that every person within Mississippi is and shall be free to

pay directly for lawful health care services and shall not be required to pay penalties, taxes, fees, 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, taxes, fees or fines for accepting direct payment from a person or employer for lawful health care services. The government may not interfere with a person's right to purchase health insurance from the provider of their choice. The government may not enact a law that would restrict these rights or that would impose a penalty, tax, fee, fine, or any form of punishment for exercising this right. Any law to the contrary shall be void ab initio. Subject to reasonable and necessary rules that do not substantially limit the rights recognized in this section or the power to contract related to the provision of lawful health care services, the sale of health insurance shall not be prohibited by any law or rule.

(3) No public official, employee, or agent of this state, or any of its political subdivisions, shall act to impose, collect, enforce, or effectuate any penalty, tax, fee, fine, or any form of punishment in derogation of the rights set forth in this section.

(4) The Attorney General shall take such action as is provided in Sections 7-5-1 and 7-5-37, Mississippi Code of 1972, in the defense or prosecution of rights protected under this section.

(5) 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.

(d) Affect the terms or conditions of any health care system to the extent that those terms and conditions do not have the effect of compelling a person to participate in a health plan or 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.

(6) For the purposes of this section:

(a) "Compel" includes the imposition of any type of penalty, tax, fee 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; or enrollment of individuals for, or payment for, in full or

part, health care services, health care insurance, health care data, or health care information for its participants.

(d) "Lawful health care services" means any service, treatment, or provision of products for the care of physical or mental disease, illness, injury, defect or condition, or to otherwise maintain or improve physical or mental health, subject to all laws and rules regulating health service providers and products within this state.

(e) "Penalty," "tax," "fee" or "fine" means any civil or criminal penalty or tax, fee, fine, salary or wage withholding or surcharge or any other imposed consequence established by a law or rule of a government or agency used to punish or discourage the exercise of rights protected under this statute.

SECTION 2. This act shall take effect and be in force from and after its passage.