as introduced - 87th Legislature (2011 - 2012) Posted on 01/24/2012 10:48am
A bill for an act
proposing an amendment to the Minnesota Constitution, article XIII, by adding a
section; preserving the freedom to choose health care and health care coverage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, a section shall be added to article XIII to read:
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Sec. 13. To preserve the freedom of Minnesotans to choose health care and health
care coverage:
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(1) no federal, state, or local law or rule shall compel, directly or indirectly, any
person, employer, or health care provider to participate in a health system;
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(2) no federal, state, or local law or rule shall prohibit the purchase or sale of health
care or health insurance; and
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(3) no federal, state, or local law or rule shall impose a penalty or fine for the sale or
purchase of health care or health insurance.
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This section does not affect laws or rules in effect as of March 19, 2010; affect
which services a health care provider or hospital is required to perform or provide; affect
terms and conditions of government employment; or affect any laws calculated to deter
fraud or punish wrongdoing in the health care industry.
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As used in this section:
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(1) "compel" includes the levying of penalties or fines;
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(2) "health care system" means any public or private entity or program whose
function or purpose includes the management of, processing of, enrollment of individuals
for, or payment for, in full or in part, health care services, health care data, or health
care information for its participants; and
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(3) "penalty or fine" means any civil or criminal penalty or fine, tax, salary, or wage
withholding or surcharge or any named fee established by law or rule by a government
agency that is used to punish or discourage the exercise of rights protected under this
section.
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The proposed amendment must be submitted to the people at the 2012 general
election. The question submitted must be:
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"Shall the Minnesota Constitution be amended to state that to preserve the freedom
of Minnesotans to choose health care and health care coverage:
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(1) no federal, state, or local law or rule shall compel, directly or indirectly, any
person, employer, or health care provider to participate in a health system;
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(2) no federal, state, or local law or rule shall prohibit the purchase or sale of health
care or health insurance; and
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(3) no federal, state, or local law or rule shall impose a penalty or fine for the sale or
purchase of health care or health insurance?
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Yes
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No
.
"
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