1 | 1 | | 83R17460 PMO-D |
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2 | 2 | | By: Laubenberg H.J.R. No. 109 |
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3 | 3 | | Substitute the following for H.J.R. No. 109: |
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4 | 4 | | By: Turner of Collin C.S.H.J.R. No. 109 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A JOINT RESOLUTION |
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8 | 8 | | proposing a constitutional amendment authorizing certain payments |
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9 | 9 | | for health care services and prohibiting requiring participation in |
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10 | 10 | | a mandatory health care system. |
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11 | 11 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Article III, Texas Constitution, is amended by |
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13 | 13 | | adding Section 68 to read as follows: |
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14 | 14 | | Sec. 68. (a) In this section: |
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15 | 15 | | (1) "Direct payment" means any payment for health care |
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16 | 16 | | services provided to an individual or dependent of the individual |
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17 | 17 | | that is made by the individual or by an employer of the individual |
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18 | 18 | | who pays any portion of the service on behalf of the individual. |
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19 | 19 | | (2) "Health care system" means any public or private |
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20 | 20 | | entity, including a health insurer or health benefit plan, that for |
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21 | 21 | | the benefit of its participants manages, enrolls individuals in, or |
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22 | 22 | | makes full or partial payment for health care services. |
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23 | 23 | | (b) This state, an agency of this state, or a health care |
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24 | 24 | | system may not: |
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25 | 25 | | (1) impose a fine or penalty on an individual or the |
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26 | 26 | | individual's employer for direct payment for a health care service; |
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27 | 27 | | (2) prohibit a health care provider from, or fine or |
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28 | 28 | | penalize a health care provider for, billing for or accepting |
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29 | 29 | | direct payment for a health care service; or |
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30 | 30 | | (3) directly or indirectly require an individual, |
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31 | 31 | | employer, or health care provider to participate in a health care |
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32 | 32 | | system, including imposing a fine or penalty for failure to |
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33 | 33 | | participate. |
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34 | 34 | | (c) This section does not: |
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35 | 35 | | (1) affect which health care services a health care |
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36 | 36 | | provider or hospital is required to provide; |
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37 | 37 | | (2) affect which health care services are permitted by |
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38 | 38 | | law; or |
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39 | 39 | | (3) prohibit health care provided pursuant to a |
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40 | 40 | | workers' compensation claim. |
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41 | 41 | | (d) This section may not be construed to prohibit a |
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42 | 42 | | negotiated provision in any insurance contract, network agreement, |
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43 | 43 | | or other provider agreement contractually limiting copayments, |
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44 | 44 | | coinsurance, deductibles, or other patient charges. |
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45 | 45 | | SECTION 2. This proposed constitutional amendment shall be |
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46 | 46 | | submitted to the voters at an election to be held November 5, 2013. |
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47 | 47 | | The ballot shall be printed to permit voting for or against the |
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48 | 48 | | proposition: "The constitutional amendment authorizing certain |
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49 | 49 | | payments for health care services and prohibiting requiring |
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50 | 50 | | participation in a mandatory health care system." |
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