| 1 | 1 | | By: Laubenberg H.J.R. No. 132 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A JOINT RESOLUTION |
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| 5 | 5 | | proposing a constitutional amendment authorizing certain payment |
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| 6 | 6 | | for health care services and prohibiting requiring participation in |
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| 7 | 7 | | a mandatory health care system. |
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| 8 | 8 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article III, Texas Constitution, is amended by |
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| 10 | 10 | | adding Section 68 to read as follows: |
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| 11 | 11 | | Sec. 68. (a) In this section: |
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| 12 | 12 | | (1) "Direct payment" means any payment for health care |
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| 13 | 13 | | services provided to an individual or dependent of the individual |
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| 14 | 14 | | that is made by the individual or an employer who pays any portion |
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| 15 | 15 | | of the service on behalf of the individual. |
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| 16 | 16 | | (2) "Health care system" means any public or private |
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| 17 | 17 | | entity, including a health insurer or health benefit plan, that for |
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| 18 | 18 | | the benefit of its participants manages, enrolls individuals in, or |
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| 19 | 19 | | makes full or partial payment for health care services. |
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| 20 | 20 | | (b) This state, an agency of this state, or a health care |
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| 21 | 21 | | system may not: |
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| 22 | 22 | | (1) impose a fine or penalty on an individual or the |
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| 23 | 23 | | individual's employer for direct payment for a health care service; |
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| 24 | 24 | | (2) prohibit a health care provider from, or fine or |
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| 25 | 25 | | penalize a health care provider for, billing for or accepting |
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| 26 | 26 | | direct payment for a health care service; or |
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| 27 | 27 | | (3) directly or indirectly require an individual, |
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| 28 | 28 | | employer, or health care provider to participate in a health care |
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| 29 | 29 | | system, including imposing a fine or penalty for failure to |
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| 30 | 30 | | participate. |
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| 31 | 31 | | (c) This section does not: |
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| 32 | 32 | | (1) affect which health care services a health care |
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| 33 | 33 | | provider or hospital is required to provide; |
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| 34 | 34 | | (2) affect which health care services are permitted by |
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| 35 | 35 | | law; |
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| 36 | 36 | | (3) prohibit care provided pursuant to a workers' |
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| 37 | 37 | | compensation claim. |
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| 38 | 38 | | (d) This section may not be construed to prohibit a |
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| 39 | 39 | | negotiated provision in any insurance contract, network agreement, |
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| 40 | 40 | | or other provider agreement contractually limiting copayments, |
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| 41 | 41 | | coinsurance, deductibles, or other patient charges. |
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| 42 | 42 | | SECTION 2. This proposed constitutional amendment shall be |
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| 43 | 43 | | submitted to the voters at an election to be held November 3, 2015. |
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| 44 | 44 | | The ballot shall be printed to permit voting for or against the |
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| 45 | 45 | | proposition: "A constitutional amendment authorizing certain |
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| 46 | 46 | | payment for health care services and prohibiting requiring |
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| 47 | 47 | | participation in a health care system." |
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