RESOLUTION No. 15
DIGEST OF INTRODUCED RESOLUTION
Article 1 of the Constitution of the State of
Synopsis: Right to opt out of health care system. Proposes an
amendment to the Constitution of the State of Indiana to specify certain
rights with respect to health care. This proposed amendment has not
been previously agreed to by a general assembly.
Effective: This proposed amendment must be agreed to by two
consecutive general assemblies and ratified by a majority of the state's
voters voting on the question to be effective.
January 12, 2011, read first time and referred to Committee on Judiciary.
First Regular Session 117th General Assembly (2011)
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between statutes enacted by the 2010 Regular Session of the General Assembly.
RESOLUTION No. 15
A JOINT RESOLUTION proposing an amendment to Article 1 of
the Constitution of the State of Indiana concerning health.
Be it resolved by the General Assembly of the State of Indiana:
SOURCE: ; (11)SJ9614.1. -->
SECTION 1. The following amendment to the Constitution of the
State of Indiana is proposed and agreed to by this, the One Hundred
Seventeenth General Assembly of the State of Indiana, and is referred
to the next General Assembly for reconsideration and agreement.
SOURCE: CON 1; (11)SJ9614.2. -->
SECTION 2. ARTICLE 1, SECTION 38 OF THE CONSTITUTION
OF THE STATE OF INDIANA IS ADDED AS A NEW
READ AS FOLLOWS: Section 38. (a) A person, an employer, or a
health care provider shall not be compelled, directly or indirectly,
to participate in any health care system.
(b) A person or an employer may pay directly for lawful health
care services and may not be subject to penalties or fines for
paying directly for lawful health care services.
(c) A health care provider may receive direct payment for
health care services from a person or an employer and may not be
subject to penalties or fines for accepting direct payment from a
person or an employer for lawful health care services.
(d) Subject to reasonable and necessary laws that do not
substantially limit a person's options, the purchase or sale of health
insurance in private health care systems may not be prohibited.
(e) A health care system's terms and conditions must not have
the effect of punishing:
(1) a person or an employer for paying directly for lawful
health care services; or
(2) a health care provider for accepting direct payment from
a person or an employer for lawful health care services.
(f) This section does not do any of the following:
(1) Affect which health care services a health care provider is
required to provide.
(2) Affect which health care services are permitted by law.
(3) Prohibit care provided in relation to worker's
(4) Affect laws in effect before January 1, 2011.
(g) The General Assembly may define terms in this section by