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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing certain payment |
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for health care services and prohibiting requiring participation in |
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a mandatory health care system. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article III, Texas Constitution, is amended by |
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adding Section 68 to read as follows: |
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Sec. 68. (a) In this section: |
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(1) "Direct payment" means any payment for health care |
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services provided to an individual or dependent of the individual |
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that is made by the individual or an employer who pays any portion |
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of the service on behalf of the individual. |
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(2) "Health care system" means any public or private |
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entity, including a health insurer or health benefit plan, that for |
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the benefit of its participants manages, enrolls individuals in, or |
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makes full or partial payment for health care services. |
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(b) This state, an agency of this state, or a health care |
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system may not: |
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(1) impos |
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e a fine or penalty on an individual or the |
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individual's employer for direct payment for a health care service; |
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(2) prohibit a health care provider from, or fine or |
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penalize a health care provider for, billing for or accepting |
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direct payment for a health care service; or |
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(3) directly or indirectly require an individual, |
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employer, or health care provider to participate in a health care |
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system, including imposing a fine or penalty for failure to |
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participate. |
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(c) This section does not: |
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(1) affect which health care services a health care |
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provider or hospital is required to provide; |
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(2) affect which health care services are permitted by |
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law; |
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(3) prohibit care provided pursuant to a workers' |
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compensation claim. |
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(d) This section may not be construed to prohibit a |
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negotiated provision in any insurance contract, network agreement, |
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or other provider agreement contractually limiting copayments, |
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coinsurance, deductibles, or other patient charges. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 5, 2013. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "A constitutional amendment authorizing certain |
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payment for health care services and prohibiting requiring |
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participation in a health care system." |