THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SCHRODER, BAKER, BOYD, CUTLER, GINGRICH, GROVE, HUTCHINSON, KILLION, MARSICO, METCALFE, MOUL, PICKETT, PYLE, REICHLEY, ROAE, SAYLOR, STERN, SWANGER, TALLMAN, TRUE, VULAKOVICH AND WATSON, DECEMBER 15, 2009

REFERRED TO COMMITTEE ON INSURANCE, DECEMBER 15, 2009  

A JOINT RESOLUTION

Proposing an amendment to the Constitution of the Commonwealth

of Pennsylvania, providing for health care services.

The General Assembly of the Commonwealth of Pennsylvania

hereby resolves as follows:

Section 1.  The following amendment to the Constitution of

Pennsylvania is proposed in accordance with Article XI:

That Article III be amended by adding a section to read:

§ 33.  Health care services.

The citizens of the Commonwealth shall be entitled to the

freedom of providing for their own health care. With the

exception of providing indemnity and medical benefits to injured

workers, no law or program shall be enacted requiring citizens

of this Commonwealth to participate in a health care system and

no law or program shall:

(1)  prohibit a person from or penalize a person for

making direct payment to a health care provider for tendering

health care services;

(2)  prohibit or penalize the purchase of health care

insurance from a privately owned health care insurance

company; or

(3)  penalize a person, employer or health care provider

for declining to participate in a health care system.

Section 2.  (a)  Upon the first passage by the General

Assembly of this proposed constitutional amendment, the

Secretary of the Commonwealth shall proceed immediately to

comply with the advertising requirements of section 1 of Article

XI of the Constitution of Pennsylvania and shall transmit the

required advertisements to two newspapers in every county in

which such newspapers are published in sufficient time after

passage of this proposed constitutional amendment.

(b)  Upon the second passage by the General Assembly of this

proposed constitutional amendment, the Secretary of the

Commonwealth shall proceed immediately to comply with the

advertising requirements of section 1 of Article XI of the

Constitution of Pennsylvania and shall transmit the required

advertisements to two newspapers in every county in which such

newspapers are published in sufficient time after passage of

this proposed constitutional amendment. The Secretary of the

Commonwealth shall submit this proposed constitutional amendment

to the qualified electors of this Commonwealth at the first

primary, general or municipal election which meets the

requirements of and is in conformance with section 1 of Article

XI of the Constitution of Pennsylvania and which occurs at least

three months after the proposed constitutional amendment is

passed by the General Assembly.