Indiana Healthcare Freedom Act (2010)
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| This measure was not put on an election ballot |
The Indiana Healthcare Freedom Act, also known as Joint Resolution 0014, did not appear on the November 2, 2010 ballot in the state of Indiana. The measure was a proposal under consideration by some members of the Indiana State Legislature to place before voters, similar to the Arizona Health Insurance Reform Amendment (2010). Senator Dennis Kruse, along with others in the Indiana State Senate, introduced the measure. The 2010 Indiana General Assembly adjourned with no action on the proposal.[1][2][3]
Text of measure
Summary
The summary of the measure read as follows:[2]
A joint resolution proposing an amendment to Article 1 of the Constitution of the State of Indiana concerning the bill of rights.
Constitutional changes
If enacted by a simple majority of Indiana voters, the measure would have amended Article 1, Section 38 of the Indiana Constitution to read:[2]
Section 38. (A) A person, an employer, or a health care provider shall not be compelled, directly or indirectly, to participate in any health care system.
(B) A person or an employer may pay directly for lawful health care services and shall not be subject to penalties or fines for paying directly for lawful health care services.
(C) A health care provider may receive direct payment for health care services from a person or an employer and shall not be subject to penalties or fines for accepting direct payment from a person or an employer for lawful health care services.
(D) Subject to reasonable and necessary laws 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.
(E) This section does not do any of the following: (1) Affect the health care services that a health care provider is required to provide. (2) Affect the health care services that are permitted by law. (3) Prohibit care provided under worker's compensation. (4) Affect laws in effect before January 1, 2010. (5) Affect the terms or conditions of any health care system to the extent that the terms and conditions do not have the effect of punishing: (A) a person or an employer for paying directly for lawful health care services; or (B) a health care provider for accepting direct payment from a person or an employer for lawful health care services.
(F) The General Assembly may define terms in this section by appropriate legislation.
Path to the ballot
A majority vote was required (in two successive sessions of) the Indiana General Assembly. Indiana is one of 11 states that requires this process.
Similar measures in other states
Groups in Indiana, Minnesota, New Mexico, North Dakota and Wyoming are considering a similar proposal. Two of these states (North Dakota and Wyoming) allow ballot initiatives; in the other three states, the state legislature would have to vote it onto the ballot using their state's procedure for constitutional amendments.[3]
- Arizona Health Insurance Reform Amendment (2010)
- Oklahoma Healthcare Freedom Amendment, State Question 756 (2010)
Missouri Healthcare Freedom, Proposition C (2010)
See also
External links
Footnotes
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State of Indiana Indianapolis (capital) |
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