senate Bill S2362

2011-2012 Legislative Session

Preserves New Yorkers' ability to provide for their health care

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Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 08, 2012 opinion referred to judiciary
Jan 09, 2012 to attorney-general for opinion
Jan 04, 2012 referred to judiciary
Apr 27, 2011 opinion referred to judiciary
Jan 25, 2011 to attorney-general for opinion
Jan 19, 2011 referred to judiciary

Co-Sponsors

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S2362 - Details

Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 17 Art Head, add ยง3-a, Constn
Versions Introduced in 2009-2010 Legislative Session:
S7374

S2362 - Summary

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

S2362 - Sponsor Memo

S2362 - Bill Text download pdf

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

                                  2362

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD,  DeFRANCISCO,  JOHNSON,  LARKIN, MAZIARZ,
  O'MARA, RANZENHOFER -- read twice and ordered printed, and when print-
  ed 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89067-01-1

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