SB407 HFA MILLER, J. 3-11 #5

    Delegate Miller J. moves to amend the committee substitute in Article 15F on page 3 following line 13 by adding the following new section.

"§33-15F-. Commissioner shall not enforce the individual mandate when ruled unconstitutional; protection of West Virginia’s freedom to provide for their healthcare.

(a) When any United States District Court, any United States Circuit Court of Appeals, or the United States Supreme Court rules the mandate in the federal act that every person in the United States must purchase health insurance, the commissioner shall not enforce this mandate.

(b)Upon such ruling, the provisions of subsections c through g of this section shall take effect in order to protect our citizens’ freedom to provide for their healthcare.

(c) A law or rule may not compel directly or indirectly any person, employer or healthcare provider to participate in any healthcare system.

(d) 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 payment 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.

(e) 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.

(f) This section does not:

(1) Affect which healthcare services a healthcare provider or hospital is required to perform or provide;

(2) Affect which healthcare services are permitted by 1aw.

(3) Prohibit care provided pursuant to any provision of this Constitution or any statutes enacted by the Legislature relating to workers’ compensation;

(4) Affect laws or rules in effect as of January 1, 2010;

(5) 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.

(g) For purposes of this section:

(1) "Compel" includes penalties or fines;

(2) "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.

(3) "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.

(4) "Lawful healthcare services" means any health-related 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.

(5) "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.

and renumbering the remaining sections accordingly.

Adopted
Rejected