THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BAKER, CUTLER, MAJOR, STERN, AUMENT, BARRAR, BENNINGHOFF, BLOOM, BOYD, BROOKS, CAUSER, CHRISTIANA, CLYMER, DENLINGER, DUNBAR, EVERETT, GABLER, GEIST, GINGRICH, GRELL, GROVE, HAHN, HARHART, HARRIS, HELM, HESS, HICKERNELL, HUTCHINSON, KAUFFMAN, M.K. KELLER, KILLION, KRIEGER, MARSICO, METCALFE, METZGAR, MICOZZIE, MILLER, MUSTIO, OBERLANDER, PERRY, PETRI, PICKETT, PYLE, RAPP, REESE, REICHLEY, ROAE, SAYLOR, SCAVELLO, SCHRODER, SIMMONS, SONNEY, STEVENSON, SWANGER, TOEPEL, VULAKOVICH, WATSON, TRUITT, QUINN, TALLMAN, LAWRENCE AND KNOWLES, JANUARY 19, 2011

REFERRED TO COMMITTEE ON HEALTH, JANUARY 19, 2011  

AN ACT

Providing for the rights of individuals to purchase private

health care insurance; and prohibiting certain governmental

action.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Freedom of

Choice in Health Care Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commonwealth agency."  The Commonwealth, including the

Executive Department, Commonwealth departments and boards and

commissions; an independent administrative department, board and

commission; or a public official thereof, acting under the color

of State law.

"Direct purchase."  Payment for lawful health care services

without a public or private third party, not including an

employer, paying for any portion of the service.

"Health care system."  Any public or private entity whose

function or purpose is the management of, processing of, or

enrollment of individuals for or payment for, in full or in

part, health care services, health care data or health care

information for its participants.

"Penalties or fines."  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, government-created or government-

controlled agency that is used to punish or discourage the

exercise of rights protected under this section.

Section 3.  Individual rights.

The people shall have the right to enter into private

contracts with health care providers for health care services

and to purchase private health care coverage. The legislature

may not require any individual to participate in any health care

system or plan, nor may it impose a penalty or fine, of any

type, for choosing to obtain or decline health care coverage or

for participation in any particular health care system or plan.

Section 4.  Freedom of choice in health care.

(a)  Prohibited actions.--To preserve the freedom of

Pennsylvanians to provide for their health care:

(1)  A law or rule shall not compel, through penalties

and fines, directly or indirectly, any individual, employer

or health care provider to participate in any health care

system.

(2)  An individual 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

individual or employer for lawful health care services.

(b)  Private health care insurance.--Subject to reasonable

and necessary rules that do not substantially limit an

individual's options, the purchase or sale of health insurance

in private health care systems shall not be prohibited by rule

or law.

(c)  Interpretation.--This section does not affect:

(1)  Which health care services a health care provider or

hospital is required to perform or provide.

(2)  Which health care services are permitted by law.

(3)  The terms or conditions of any health care system to

the extent that those terms and conditions do not have the

effect of punishing an individual or employer for paying

directly for lawful health care services or a health care

provider or hospital for accepting direct payment from an

individual or employer for lawful health care services.

Section 5.  Participation in related laws.

Neither the Governor nor the Department of Health, the

Department of Public Welfare or any other Commonwealth agency

shall participate in the compliance with any Federal law,

regulation or policy that would compromise the freedom of choice

in health care of any resident of this Commonwealth.

Section 6.  Effective date.

This act shall take effect immediately.