HOUSE JOINT RESOLUTION NO. 103
(By Delegates J. Miller, Blair, Cowles, McGeehan,
Shott, Andes, Hall, Carmichael, Duke, Border and Armstead)
[Introduced February 5, 2010; referred to the
Committee on Constitutional Revision then the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending article III thereof by adding thereto a new
section, designated section twenty-three, relating to
preserving the freedom of West Virginians to provide for their
healthcare thereof; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose
of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of
the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment
to the Constitution of the State of West Virginia be submitted to
the voters of the state at the next general election to be held in
the year 2010, which proposed amendment is that article III
thereof be amended by adding thereto a new section, designated
section twenty-three, to read as follows:
ARTICLE III. BILL OF RIGHTS.
§23. Healthcare Freedom Amendment.
To preserve the freedom of West Virginians to provide for
their healthcare:
Subsection A -- No Compulsory Healthcare.
(1) A law or rule may not compel directly or indirectly any
person, employer or healthcare provider to participate in any
healthcare system.
Subsection B -- No penalties to be assessed for direct payment of
healthcare services.
(2) A person or employer may pay directly for lawful
healthcare services and may not be required to pay penalties or
fines for paying directly for lawful healthcare services. A
healthcare provider may accept direct pavement for lawful
healthcare services and may not be required to pay penalties or
fines for accepting direct payment from a person or employer for
lawful healthcare services.
Subsection C -- Sale of Private Health Insurance may not be
prohibited.
(3) Subject to reasonable and necessary rules that do not
substantially limit a person's options, the purchase or sale of
health insurance in private healthcare systems may not be
prohibited by law or rule.
Subsection D -- No compulsory healthcare.
(4) This section does not:
(a) Affect which healthcare services a healthcare provider or
hospital is required to perform or provide;
(b) Affect which healthcare services are permitted by 1aw.
(c) Prohibit care provided pursuant to any provision of this
Constitution or any statutes enacted by the Legislature relating to
workers' compensation;
(d) Affect laws or rules in effect as of January 1, 2010;
(e) Affect the terms or conditions of any healthcare system to
the extent that those terms and conditions do not have the effect
of punishing a person or employer for paying directly for lawful
healthcare services or a healthcare provider or hospital for
accepting direct payment from a person or employer for lawful
healthcare services.
Subsection E -- Definitions.
(5) For purposes of this section:
(a) "Compe1" includes penalties or fines;
(b) "Direct payment or pay directly" means payment for lawful
healthcare services without a public or private third party, not
including an emplover, paying for any portion of the service.
(c) "Healthcare system" means any public or private entity
whose function or purpose is the management of processing of
enrollment of individuals for or payment for, in full or in part,
healthcare services or healthcare information for its participants.
(d) "Lawful healthcare services" means any health-related to
service or treatment to the extent that the service or treatment is permitted or not prohibited by law or regulation that may be
provided by persons or businesses otherwise permitted to offer
such services.
(e) "Penalties or fines" means anv civil or criminal penalty
or fine, tax, salary or wage withholding or surcharge
or any named
fee with a similar effect established by law or rule by a
government established, created or controlled agency that is used
to punish or discourage the exercise of rights protected under this
section.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, 1931,
as amended, such proposed amendment is hereby numbered "Amendment
No. 1" and designated as "The Healthcare Freedom Amendment" and the
purpose of the proposed amendment is summarized as follows "to
preserve the freedom of West Virginians to provide for their
healthcare."
NOTE: The purpose of this resolution is to preserve the
freedom of West Virginians to provide for their healthcare by
prohibiting coercion in healthcare choice and in payment for health
services.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.