HF 199

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 02/21/2011 04:04pm

A bill for an act
relating to health; providing a statement of public policy declaring that every
resident of Minnesota has the freedom of choice in health care; amending
Minnesota Statutes 2010, section 8.31, subdivision 1; proposing coding for new
law in Minnesota Statutes, chapter 1.

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

Section 1.

new text begin [1.06] FREEDOM OF CHOICE IN HEALTH CARE ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Citation. new text end

new text begin This section shall be known as and may be cited as the
"Freedom of Choice in Health Care Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meaning given them.
new text end

new text begin (b) "Health care service" means any service, treatment, or provision of a product for
the care of a 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 the state of Minnesota.
new text end

new text begin (c) "Mode of securing" means to purchase directly or on credit or by trade, or to
contract for third-party payment by insurance or other legal means as authorized by the
state of Minnesota, or to apply for or accept employer-sponsored or government-sponsored
health care benefits under such conditions as may legally be required as a condition of
such benefits, or any combination of the same.
new text end

new text begin (d) "Penalty" means any civil or criminal fine, tax, salary or wage withholding,
surcharge, fee, or any other imposed consequence established by law or rule of a
government or its subdivision or agency that is used to punish or discourage the exercise
of rights protected under this section.
new text end

new text begin Subd. 3. new text end

new text begin Statement of public policy. new text end

new text begin (a) The power to require or regulate a person's
choice in the mode of securing health care services, or to impose a penalty related to that
choice, is not found in the Constitution of the United States of America, and is therefore a
power reserved to the people pursuant to the Ninth Amendment, and to the several states
pursuant to the Tenth Amendment. The state of Minnesota hereby exercises its sovereign
power to declare the public policy of the state of Minnesota regarding the right of all
persons residing in the state in choosing the mode of securing health care services.
new text end

new text begin (b) It is hereby declared that the public policy of the state of Minnesota, consistent
with our constitutionally recognized and inalienable rights of liberty, is that every person
within the state of Minnesota is and shall be free to choose or decline to choose any mode
of securing health care services without penalty or threat of penalty.
new text end

new text begin (c) The policy stated under this section shall not be applied to impair any right of
contract related to the provision of health care services to any person or group.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin (a) No public official, employee, or agent of the state of
Minnesota or any of its political subdivisions shall act to impose, collect, enforce, or
effectuate any penalty in the state of Minnesota that violates the public policy set forth
in this section.
new text end

new text begin (b) The attorney general shall take any action as is provided in this section or section
8.31 in the defense or prosecution of rights protected under this section.
new text end

Sec. 2.

Minnesota Statutes 2010, section 8.31, subdivision 1, is amended to read:

Subdivision 1.

Investigate offenses against provisions of certain designated
sections; assist in enforcement.

new text begin(a) new text endThe attorney general shall investigate violations of the
law of this state respecting unfair, discriminatory, and other unlawful practices in business,
commerce, or trade, and specifically, but not exclusively, the Nonprofit Corporation Act
(sections 317A.001 to 317A.909), the Act Against Unfair Discrimination and Competition
(sections 325D.01 to 325D.07), the Unlawful Trade Practices Act (sections 325D.09 to
325D.16), the Antitrust Act (sections 325D.49 to 325D.66), section 325F.67 and other
laws against false or fraudulent advertising, the antidiscrimination acts contained in
section 325D.67, the act against monopolization of food products (section 325D.68),
the act regulating telephone advertising services (section 325E.39), the Prevention of
Consumer Fraud Act (sections 325F.68 to 325F.70), and chapter 53A regulating currency
exchanges and assist in the enforcement of those laws as in this section provided.

new text begin (b) The attorney general shall seek injunctive and any other appropriate relief as
expeditiously as possible to preserve the rights and property of the residents of Minnesota,
and to defend as necessary the state of Minnesota, its officials, employees, and agents in
the event that any law or regulation violating the public policy set forth in the Freedom
of Choice in Health Care Act in this section is enacted by any government, subdivision,
or agency thereof.
new text end

new text begin (c) The attorney general shall seek injunctive and any other appropriate relief
as expeditiously as possible in the event that any law or regulation violating the public
policy set forth in the Freedom of Choice in Health Care Act in this section is enacted
without adequate federal funding to the state to ensure affordable health care coverage
is available to the residents of Minnesota.
new text end