Preserves New Yorkers' ability to provide for their health care

8 Co-sponsors

• John A. DeFrancisco
• Joseph A. Griffo
• Owen H. Johnson
• William J. Larkin Jr.
• George D. Maziarz
• Thomas F. O'Mara
• Michael H. Ranzenhofer
• Catharine Young

BILL NUMBER:S2362

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 17 of the constitution, in relation to preserving the freedom of New Yorkers to provide their health care

Purpose

The purpose of the constitutional amendment is to preserve New Yorkers' ability to provide for their health care by allowing residents to opt out of the new federal requirement to purchase health insurance.

Summary of provisions

Amends article 17 of the New York State Constitution by creating a new section 3-a that will preserve the freedom of New Yorkers to provide for their own health care by the following:

1. Prohibits any individual, employer or health care provider from being compelled to participate in any health care system.

2. Prohibits the government from imposing any penalties or fines when an individual or employer chooses not to participate in any health care system.

3. Establishes that health care providers have the right to accept direct payments from individuals and employers for lawful health care services without fear of penalties or fines.

4. Establishes that the purchase or sale of private health insurance shall not be prohibited by law or rule.

The new section 3-a does not affect which health care services required of a health care provider or which services are permitted by law. This section also specifically excludes any services provided pursuant to the workers' compensation system. Further, this section does not affect any laws or rules in effect as of January 1, 2010 so it would not affect programs including VA programs, Medicare, Medicaid, or any of New York State's public health programs (Child Health Plus, Family Health Plus, Healthy New York).

Justification

The federal government recently enacted a sweeping health care overhaul measure that will require all Americans to purchase health insurance by 2014 or face a tax penalty. The proposed constitutional amendment would allow New Yorkers to opt out of the individual health insurance mandate if they so choose, without fear of fines or penalties. It is important to note that this amendment is not an attempt to nullify the entire federal health care reform law; rather it seeks to ensure that individuals, employers and health care providers continue to have the right to make their own health care decisions. It would not prohibit individuals or employers from purchasing government approved health insurance; it would simply

ensure that no one will be forced into it if they either do not want it or cannot afford it.

Legislative history

S.7474 of 2010

Fiscal implications

None.

Effective date

Resolved (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.