Montana Citizens for Health Care Constitutional Amendment

According to Jeff Lowe on Facebook, citizens in Montana are pushing for the following amendment to the Montana state constitution. 

A Bill for an Act entitled: "An Act submitting to the qualified electors of Montana an amendment to Article II of the Montana Constitution providing for the right to choose health care coverage; and providing a delayed effective date." 

Be it enacted by the Legislature of the State of Montana:

Section 1. Article II of The Constitution of the State of Montana is amended by adding a new section 36 that
reads:

Section 36. Right to choose health care coverage.
(1) A law or rule shall not compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system.

(2) 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.

(3) 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.

(4) For purposes of this section, the following definitions apply:
     (a) "Compel" means the imposition of penalties or fines.
     (b) "Direct payment" 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.
     (c) "Health care system" means any public or private entity whose function is the management of, processing of, or enrollment of or payment for, in full or in part, health care services, health care data, and health care information for its participants.
     (d) "Lawful health care services" means any health-related service or treatment to the extent that the service or treatment is not prohibited by law or regulation provided by persons or businesses otherwise permitted to offer such services.
     (e) "Penalties or fines" means any civil or criminal sanction, tax, salary, or wage withholding, surcharge, or any named fee with a similar effect established by law or rule by a government-created, or controlled agency that is used to punish or discourage the exercise of rights protected under this
section.

(5) This section does not:
     (a) affect which health care services a health care provider or health care facility is required to perform or provide;
     (b) affect which health care services are permitted by law;
     (c) prohibit care provided pursuant to statues enacted by the legislature relating to worker's compensation;
     (d) affect laws or rules in effect as of January 1, 2009; or
     (e) affect the terms or conditions of any health care system to the extent that those terms and conditions do not have the effect of punishing a person or employer for paying directly for lawful healthcare services or a health care provider or health care facility for accepting direct payment from a person or employer for lawful health care services.

NEW SECTION. Section 2. {standard} Effective date. If approved by the electorate, this amendment is effective January 1, 2013.

NEW SECTION. Section 3. {standard} Submission to electorate. This amendment shall be submitted to the qualified electors of Montana at the general election to be held in
November 2012 by printing on the ballot the full title of this act and the following:

[] FOR providing that every Montana has a right to choose health care coverage.

[] AGAINST providing that every Montana has a right to choose health care coverage.