PRINTER'S NO.  173

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

10

Session of

2011

  

  

INTRODUCED BY SCARNATI, FOLMER, WARD, EARLL, ROBBINS, ERICKSON, PICCOLA, ARGALL, D. WHITE, VOGEL, YAW, ALLOWAY, ORIE, BRUBAKER, EICHELBERGER, MENSCH, WAUGH, BAKER AND SMUCKER, JANUARY 21, 2011

  

  

REFERRED TO BANKING AND INSURANCE, JANUARY 21, 2011  

  

  

  

A JOINT RESOLUTION

  

1

Proposing an amendment to the Constitution of the Commonwealth

2

of Pennsylvania, providing for health care services. 

3

The General Assembly of the Commonwealth of Pennsylvania

4

hereby resolves as follows:

5

Section 1.  The following amendment to the Constitution of

6

Pennsylvania is proposed in accordance with Article XI:

7

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

8

§ 33.  Health care services.

9

A person shall be entitled to the freedom of providing for

10

the person's own health care. With the exception of providing

11

indemnity and medical benefits to injured workers, no law shall

12

be enacted:

13

(1)  requiring a person to obtain or maintain health

14

insurance coverage, except as required by a court where the

15

person is named as a party in a judicial proceeding;

16

(2)  prohibiting a person from or penalizing a person for

17

making direct payment to a health care provider for tendering

 


1

health care services; or

2

(3)  rendering a person liable for any penalty, tax,

3

assessment, fee or fine as a result of the person's failure

4

to obtain or maintain health insurance coverage.

5

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

6

Assembly of this proposed constitutional amendment, the

7

Secretary of the Commonwealth shall proceed immediately to

8

comply with the advertising requirements of section 1 of Article

9

XI of the Constitution of Pennsylvania and shall transmit the

10

required advertisements to two newspapers in every county in

11

which such newspapers are published in sufficient time after

12

passage of this proposed constitutional amendment.

13

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

14

proposed constitutional amendment, the Secretary of the

15

Commonwealth shall proceed immediately to comply with the

16

advertising requirements of section 1 of Article XI of the

17

Constitution of Pennsylvania and shall transmit the required

18

advertisements to two newspapers in every county in which such

19

newspapers are published in sufficient time after passage of

20

this proposed constitutional amendment. The Secretary of the

21

Commonwealth shall submit this proposed constitutional amendment

22

to the qualified electors of this Commonwealth at the first

23

primary, general or municipal election which meets the

24

requirements of and is in conformance with section 1 of Article

25

XI of the Constitution of Pennsylvania and which occurs at least

26

three months after the proposed constitutional amendment is

27

passed by the General Assembly.

- 2 -