S T A T E O F N E W Y O R K ________________________________________________________________________ 2362 2011-2012 Regular Sessions I N S E N A T E January 19, 2011 ___________ Introduced by Sens. SEWARD, DeFRANCISCO, JOHNSON, LARKIN, MAZIARZ, O'MARA, RANZENHOFER -- read twice and ordered printed, and when print- ed to be committed to the Committee on Judiciary CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 17 of the constitution, in relation to preserving the freedom of New Yorkers to provide their health care 1 Section 1. Resolved (if the Assembly concur), That the article heading 2 of article 17 of the constitution be amended to read as follows: 3 HEALTH AND Social Welfare 4 S 2. Resolved (if the Assembly concur), That article 17 of the consti- 5 tution be amended by adding a new section 3-a to read as follows: 6 S 3-A. TO PRESERVE THE FREEDOM OF NEW YORKERS TO PROVIDE FOR THEIR 7 HEALTH CARE: 8 A. A LAW OR RULE SHALL NOT COMPEL, DIRECTLY OR INDIRECTLY ANY PERSON 9 OR EMPLOYER OR HEALTH CARE PROVIDER TO PARTICIPATE IN ANY HEALTH CARE 10 SYSTEM. A PERSON OR EMPLOYER MAY PAY DIRECTLY FOR LAWFUL HEALTH CARE 11 SERVICES AND SHALL NOT BE REQUIRED TO PAY PENALTIES OR FINES FOR PAYING 12 DIRECTLY FOR LAWFUL HEALTH CARE SERVICES. A HEALTH CARE PROVIDER MAY 13 ACCEPT DIRECT PAYMENT FOR LAWFUL HEALTH CARE SERVICES AND SHALL NOT BE 14 REQUIRED TO PAY PENALTIES OR FINES FOR ACCEPTING DIRECT PAYMENT FROM A 15 PERSON OR EMPLOYER FOR LAWFUL HEALTH CARE SERVICES. 16 B. SUBJECT TO REASONABLE AND NECESSARY RULES THAT DO NOT SUBSTANTIALLY 17 LIMIT A PERSON'S OPTIONS, THE PURCHASE OR SALE OF HEALTH INSURANCE IN 18 PRIVATE HEALTH CARE SYSTEMS SHALL NOT BE PROHIBITED BY LAW OR RULE. 19 C. THIS SECTION DOES NOT: 20 1. AFFECT WHICH HEALTH CARE SERVICES A HEALTH CARE PROVIDER OR HOSPI- 21 TAL IS REQUIRED TO PERFORM OR PROVIDE; 22 2. AFFECT WHICH HEALTH CARE SERVICES ARE PERMITTED BY LAW; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89067-01-1 S. 2362 2 1 3. PROHIBIT CARE PROVIDED PURSUANT TO SECTION EIGHTEEN OF ARTICLE ONE 2 OF THIS CONSTITUTION OR ANY STATUTES ENACTED BY THE LEGISLATURE RELATING 3 TO WORKERS' COMPENSATION; 4 4. AFFECT LAWS OR RULES IN EFFECT AS OF JANUARY FIRST, TWO THOUSAND 5 ELEVEN; OR 6 5. AFFECT THE TERMS OR CONDITIONS OF ANY HEALTH CARE SYSTEM TO THE 7 EXTENT THAT THOSE TERMS AND CONDITIONS DO NOT HAVE THE EFFECT OF PUNISH- 8 ING A PERSON OR EMPLOYER FOR PAYING DIRECTLY FOR LAWFUL HEALTH CARE 9 SERVICES OR A HEALTH CARE PROVIDER OR HOSPITAL FOR ACCEPTING DIRECT 10 PAYMENT FROM A PERSON OR EMPLOYER FOR LAWFUL HEALTH CARE SERVICES. 11 D. FOR THE PURPOSES OF THIS SECTION: 12 1."COMPEL" INCLUDES PENALTIES OR FINES. 13 2. "DIRECT PAYMENT OR PAY DIRECTLY" MEANS PAYMENT FOR LAWFUL HEALTH 14 CARE SERVICES WITHOUT A PUBLIC OR PRIVATE THIRD PARTY, NOT INCLUDING AN 15 EMPLOYER, PAYING FOR ANY PORTION OF THE SERVICE. 16 3. "HEALTH CARE SYSTEM" MEANS ANY PUBLIC OR PRIVATE ENTITY WHOSE FUNC- 17 TION OR PURPOSE IS THE MANAGEMENT OF, PROCESSING OF, ENROLLMENT OF INDI- 18 VIDUALS FOR OR PAYMENT FOR, IN FULL OR IN PART, HEALTH CARE SERVICES OR 19 HEALTH CARE DATA OR HEALTH CARE INFORMATION FOR ITS PARTICIPANTS. 20 4. "LAWFUL HEALTH CARE SERVICES" MEANS ANY HEALTH-RELATED SERVICE OR 21 TREATMENT TO THE EXTENT THAT THE SERVICE OR TREATMENT IS PERMITTED OR 22 NOT PROHIBITED BY LAW OR REGULATION THAT MAY BE PROVIDED BY PERSONS OR 23 BUSINESSES OTHERWISE PERMITTED TO OFFER SUCH SERVICES. 24 5. "PENALTIES OR FINES" MEANS ANY CIVIL OR CRIMINAL PENALTY OR FINE, 25 TAX, SALARY OR WAGE WITHHOLDING OR SURCHARGE OR ANY NAMED FEE WITH A 26 SIMILAR EFFECT ESTABLISHED BY LAW OR RULE BY A GOVERNMENT ESTABLISHED, 27 CREATED OR CONTROLLED AGENCY THAT IS USED TO PUNISH OR DISCOURAGE THE 28 EXERCISE OF RIGHTS PROTECTED UNDER THIS SECTION. 29 S 3. Resolved (if the Assembly concur), That the foregoing amendments 30 be referred to the first regular legislative session convening after the 31 next succeeding general election of members of the assembly, and, in 32 conformity with section 1 of article 19 of the constitution, be 33 published three months previous to the time of such election.