NY State Senate Bill 2009-S7374

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 13, 2010	opinion referred to judiciary
Apr 15, 2010	to attorney-general for opinion
Apr 05, 2010	referred to judiciary

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2009-S7374 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 17 Art Head, add Art 17 §3-a, Constn
Versions Introduced in 2011-2012 Legislative Session:: S2362

2009-S7374 (ACTIVE) - Summary

Proposing an amendment to article 17 of the constitution, in relation to preserving the freedom of New Yorkers to provide for their health care.

2009-S7374 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7374

 TITLE OF BILL :
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an
amendment to article 17 of the constitution, in relation to preserving
the freedom of New Yorkers to provide their health care


 PURPOSE :
The purpose of the constitutional amendment is to preserve New
Yorkers' ability to provide for their health care by allowing
residents to opt out of the new federal requirement to purchase health
insurance.

 SUMMARY OF PROVISIONS :
Amends article 17 of the New York State Constitution by creating a new
section 3-a that will preserve the freedom of New Yorkers to provide
for their own health care by the following:

1. Prohibits any individual, employer or health care provider from
being compelled to participate in any health care system.

2. Prohibits the government from imposing any penalties or fines when
an individual or employer chooses not to participate in any health
care system.

3. Establishes that health care providers have the right to accept
direct payments from individuals and employers for lawful health care
services without fear of penalties or fines.

4. Establishes that the purchase or sale of private health insurance
shall not be prohibited by law or rule.

The new section 3-a does not affect which health care services
required of a health care provider or which services are permitted by
law. This section also specifically excludes any services provided
pursuant to the workers' compensation system. Further, this section
does not affect any laws or rules in effect as of January 1, 2010 so
it would not affect programs including VA programs, Medicare,
Medicaid, or any of New York State's public health programs (Child
Health Plus, Family Health Plus, Healthy New York).

 JUSTIFICATION :
The federal government recently enacted a sweeping health care
overhaul measure that will require all Americans to purchase health
insurance by 2014 or face a tax penalty. The proposed constitutional
amendment would allow New Yorkers to opt out of the individual health
insurance mandate if they so choose, without fear of fines or
penalties. It is important to note that this amendment is not an
attempt to nullify the entire federal health care reform law; rather
it seeks to ensure that individuals, employers and health care
providers continue to have the right to make their own health care
decisions. It would not prohibit individuals or employers from
purchasing government approved health insurance; it would simply
ensure that no one will be forced into it if they either do not want
it or cannot afford it.

 LEGISLATIVE HISTORY :
New proposal.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Resolved (if the Assembly concur), That the foregoing amendment be
referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.

2009-S7374 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7374

                            I N  S E N A T E

                              April 5, 2010
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to article 17 of the constitution, in relation to
  preserving the freedom of New Yorkers to provide their health care

  Section 1. Resolved (if the Assembly concur), That the article heading
of article 17 of the constitution be amended to read as follows:

                        HEALTH AND Social Welfare

  S 2. Resolved (if the Assembly concur), That article 17 of the consti-
tution be amended by adding a new section 3-a to read as follows:
  S 3-A. TO PRESERVE THE FREEDOM OF NEW YORKERS  TO  PROVIDE  FOR  THEIR
HEALTH CARE:
  A.  A  LAW OR RULE SHALL NOT COMPEL, DIRECTLY OR INDIRECTLY ANY PERSON
OR EMPLOYER OR HEALTH CARE PROVIDER TO PARTICIPATE IN  ANY  HEALTH  CARE
SYSTEM.  A  PERSON  OR  EMPLOYER MAY PAY DIRECTLY FOR LAWFUL HEALTH CARE
SERVICES AND SHALL NOT BE REQUIRED TO PAY PENALTIES OR FINES FOR  PAYING
DIRECTLY  FOR  LAWFUL  HEALTH  CARE SERVICES. A HEALTH CARE PROVIDER MAY
ACCEPT DIRECT PAYMENT FOR LAWFUL HEALTH CARE SERVICES AND SHALL  NOT  BE
REQUIRED  TO  PAY PENALTIES OR FINES FOR ACCEPTING DIRECT PAYMENT FROM A
PERSON OR EMPLOYER FOR LAWFUL HEALTH CARE SERVICES.
  B. SUBJECT TO REASONABLE AND NECESSARY RULES THAT DO NOT SUBSTANTIALLY
LIMIT A PERSON'S OPTIONS, THE PURCHASE OR SALE OF  HEALTH  INSURANCE  IN
PRIVATE HEALTH CARE SYSTEMS SHALL NOT BE PROHIBITED BY LAW OR RULE.
  C. THIS SECTION DOES NOT:
  1.  AFFECT WHICH HEALTH CARE SERVICES A HEALTH CARE PROVIDER OR HOSPI-
TAL IS REQUIRED TO PERFORM OR PROVIDE;
  2. AFFECT WHICH HEALTH CARE SERVICES ARE PERMITTED BY LAW;
  3. PROHIBIT CARE PROVIDED PURSUANT TO SECTION EIGHTEEN OF ARTICLE  ONE
OF THIS CONSTITUTION OR ANY STATUTES ENACTED BY THE LEGISLATURE RELATING
TO WORKERS' COMPENSATION;
  4.  AFFECT  LAWS  OR RULES IN EFFECT AS OF JANUARY FIRST, TWO THOUSAND
TEN; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD89190-02-0

S. 7374                             2

  5. AFFECT THE TERMS OR CONDITIONS OF ANY HEALTH  CARE  SYSTEM  TO  THE
EXTENT THAT THOSE TERMS AND CONDITIONS DO NOT HAVE THE EFFECT OF PUNISH-
ING  A  PERSON  OR  EMPLOYER  FOR PAYING DIRECTLY FOR LAWFUL HEALTH CARE
SERVICES OR A HEALTH CARE PROVIDER  OR  HOSPITAL  FOR  ACCEPTING  DIRECT
PAYMENT FROM A PERSON OR EMPLOYER FOR LAWFUL HEALTH CARE SERVICES.
  D. FOR THE PURPOSES OF THIS SECTION:
  1."COMPEL" INCLUDES PENALTIES OR FINES.
  2.  "DIRECT  PAYMENT  OR PAY DIRECTLY" MEANS PAYMENT FOR LAWFUL HEALTH
CARE SERVICES WITHOUT A PUBLIC OR PRIVATE THIRD PARTY, NOT INCLUDING  AN
EMPLOYER, PAYING FOR ANY PORTION OF THE SERVICE.
  3. "HEALTH CARE SYSTEM" MEANS ANY PUBLIC OR PRIVATE ENTITY WHOSE FUNC-
TION OR PURPOSE IS THE MANAGEMENT OF, PROCESSING OF, ENROLLMENT OF INDI-
VIDUALS  FOR OR PAYMENT FOR, IN FULL OR IN PART, HEALTH CARE SERVICES OR
HEALTH CARE DATA OR HEALTH CARE INFORMATION FOR ITS PARTICIPANTS.
  4. "LAWFUL HEALTH CARE 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 ANY 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.
  S  3. Resolved (if the Assembly concur), That the foregoing amendments
be referred to the first regular legislative session convening after the
next succeeding general election of members of  the  assembly,  and,  in
conformity  with  section  1  of  article  19  of  the  constitution, be
published three months previous to the time of such election.

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Senate Bill S7374

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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co-Sponsors

2009-S7374 (ACTIVE) - Details

2009-S7374 (ACTIVE) - Summary

2009-S7374 (ACTIVE) - Sponsor Memo

2009-S7374 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

co-Sponsors

2009-S7374 (ACTIVE) - Details

2009-S7374 (ACTIVE) - Summary

2009-S7374 (ACTIVE) - Sponsor Memo

2009-S7374 (ACTIVE) - Bill Text download pdf

Comments