Texas 2013 - 83rd Regular

Texas House Bill HJR109 Compare Versions

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11 83R17460 PMO-D
22 By: Laubenberg H.J.R. No. 109
33 Substitute the following for H.J.R. No. 109:
44 By: Turner of Collin C.S.H.J.R. No. 109
55
66
77 A JOINT RESOLUTION
88 proposing a constitutional amendment authorizing certain payments
99 for health care services and prohibiting requiring participation in
1010 a mandatory health care system.
1111 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Article III, Texas Constitution, is amended by
1313 adding Section 68 to read as follows:
1414 Sec. 68. (a) In this section:
1515 (1) "Direct payment" means any payment for health care
1616 services provided to an individual or dependent of the individual
1717 that is made by the individual or by an employer of the individual
1818 who pays any portion of the service on behalf of the individual.
1919 (2) "Health care system" means any public or private
2020 entity, including a health insurer or health benefit plan, that for
2121 the benefit of its participants manages, enrolls individuals in, or
2222 makes full or partial payment for health care services.
2323 (b) This state, an agency of this state, or a health care
2424 system may not:
2525 (1) impose a fine or penalty on an individual or the
2626 individual's employer for direct payment for a health care service;
2727 (2) prohibit a health care provider from, or fine or
2828 penalize a health care provider for, billing for or accepting
2929 direct payment for a health care service; or
3030 (3) directly or indirectly require an individual,
3131 employer, or health care provider to participate in a health care
3232 system, including imposing a fine or penalty for failure to
3333 participate.
3434 (c) This section does not:
3535 (1) affect which health care services a health care
3636 provider or hospital is required to provide;
3737 (2) affect which health care services are permitted by
3838 law; or
3939 (3) prohibit health care provided pursuant to a
4040 workers' compensation claim.
4141 (d) This section may not be construed to prohibit a
4242 negotiated provision in any insurance contract, network agreement,
4343 or other provider agreement contractually limiting copayments,
4444 coinsurance, deductibles, or other patient charges.
4545 SECTION 2. This proposed constitutional amendment shall be
4646 submitted to the voters at an election to be held November 5, 2013.
4747 The ballot shall be printed to permit voting for or against the
4848 proposition: "The constitutional amendment authorizing certain
4949 payments for health care services and prohibiting requiring
5050 participation in a mandatory health care system."