RESOLUTION No. 14
DIGEST OF INTRODUCED RESOLUTION
Article 1 of the Constitution of the State of
Synopsis: Right to opt out of health care system. Proposes an
amendment to the state constitution to specify certain rights with
respect to health care. This proposed amendment has not been
previously agreed to by a general assembly.
Effective: This proposed amendment must be agreed to by two
consecutive general assemblies and ratified by a majority of the state's
voters voting on the question to be effective.
Schneider, Kruse, Stutzman,
January 11, 2010, read first time and referred to Committee on Judiciary.
Second Regular Session 116th General Assembly (2010)
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between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.
RESOLUTION No. 14
A JOINT RESOLUTION proposing an amendment to Article 1 of
the Constitution of the State of Indiana concerning the bill of rights.
Be it resolved by the General Assembly of the State of Indiana:
SOURCE: ; (10)SJ9618.1. -->
SECTION 1. The following amendment to the Constitution of the
State of Indiana is proposed and agreed to by this, the One Hundred
Sixteenth General Assembly of the State of Indiana, and is referred to
the next General Assembly for reconsideration and agreement.
SOURCE: CON 1; (10)SJ9618.2. -->
SECTION 2. ARTICLE 1, SECTION 38 OF THE CONSTITUTION
OF THE STATE OF INDIANA IS ADDED AS A NEW
READ AS FOLLOWS: 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
(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
(f) The General Assembly may define terms in this section by