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Measure Details

Health Care Services

Florida Ballot Measure - Ballot (1)

Election: Nov. 6, 2012 (General)
Outcome: Failed

Categories:
Health Insurance
Constitution

Yes
3,632,315
(48.5%)

No
3,856,608
(51.5%)

Summary

This is a joint resolution proposing the creation of s. 28, Art. I of the Florida Constitution to preserve the freedom of Florida residents to provide for their own health care by:

*Prohibiting a law or rule from compelling a person or employer to purchase, obtain, or otherwise provide for health care coverage.
*Permitting a person or employer to pay directly for lawful health care services without being penalized or taxed.
*Permitting a health care provider to accept direct payment for lawful health care services without being penalized or taxed.
*Prohibiting a law or rule from abolishing the private market for health care coverage of any lawful health care service.

The joint resolution specifies that it does not affect certain health care services; prohibit care provided pursuant to worker’s compensation law; affect laws or rules in effect as of March 1, 2010; affect the terms or conditions of any health care system, unless certain circumstances exist; or affect any general law passed by a two-thirds vote of the membership of each house of the legislature after the joint resolution has become effective.

Measure Text

Proposing an amendment to the State Constitution to prohibit laws or rules from compelling any person or employer to purchase, obtain, or otherwise provide for health care coverage; permit a person or an employer to purchase lawful health care services directly from a health care provider; permit a health care provider to accept direct payment from a person or an employer for lawful health care services; exempt persons, employers, and health care providers from penalties and taxes for paying directly or accepting direct payment for lawful health care services; and prohibit laws or rules from abolishing the private market for health care coverage of any lawful health care service. Specifies that the amendment does not affect which health care services a health care provider is required to perform or provide; affect which health care services are permitted by law; prohibit care provided pursuant to general law relating to workers’ compensation; affect laws or rules in effect as of March 1, 2010; 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 an employer for paying directly for lawful health care services or a health care provider for accepting direct payment from a person or an employer for lawful health care services; or affect any general law passed by two-thirds vote of the membership of each house of the Legislature, passed after the effective date of the amendment, provided such law states with specificity the public necessity justifying the exceptions from the provisions of the amendment. The amendment expressly provides that it may not be construed to prohibit negotiated provisions in insurance contracts, network agreements, or other provider agreements contractually limiting co-payments, coinsurance, deductibles, or other patient charges.

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