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House Bill No. 4050


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(f) "Lawful health care services" means any health-related service or treatment, to the extent that the service or treatment is permitted or not prohibited by law, rule, or regulation, that may be provided by persons or businesses otherwise permitted to offer those services or treatments.

 

So, what does that mean, exactly?

 

Here's the Bill:

 

 

HOUSE BILL No. 4050

 

 

January 13, 2011, Introduced by Reps. McMillin, Rendon, Somerville, Scott, Cotter, Shirkey, Opsommer, Hooker, Yonker, Knollenberg, Franz and LaFontaine and referred to the Committee on Health Policy.

 

A bill to provide that no person be required to obtain or maintain health insurance coverage.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

Sec. 1. This act shall be known and may be cited as the "Michigan health care freedom act".

 

 

Sec. 3. (1) Every person has a right to provide for his or her own health care.

 

(2) No government action shall compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system.

 

(3) No person or employer shall be required to pay penalties or fines for paying directly for lawful health care services. A health care provider shall not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services. A health care system shall not be required to pay penalties or fines for permitting a person or employer to pay directly for lawful health care services or for permitting a health care provider to accept direct payment from a person or employer for lawful health care services.

 

(4) No government action shall disadvantage a health care system for permitting a person or employer to pay directly for lawful health care services or for permitting a health care provider to accept direct payment from a person or employer for lawful health care services.

 

(5) Subject to reasonable and necessary laws and rules that do not substantially limit a person's or employer's options, the purchase or sale of health insurance or health coverage in private health care systems shall not be prohibited by any government action.

 

Sec. 5. This act does not do any of the following:

 

(a) Affect which health care services a health care provider is required to perform or provide.

 

(b) Affect which health care services are permitted by law.

 

© Prohibit care provided pursuant to, or prohibit participation under, workers' compensation law or automobile no-fault law.

 

(d) Affect government actions in effect as of January 1, 2010.

 

Sec. 7. As used in this act:

 

(a) "Automobile no-fault law" means automobile insurance coverage regulated under the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302.

 

(b) "Compel" includes penalties or fines.

 

© "Direct payment" and "pay directly" mean payment for lawful health care services without a public or private third party, not including an employer, paying for any portion of the service.

 

(d) "Government action" means any executive, judicial, or quasi-judicial act, intergovernmental compact, statute, ordinance, resolution, or rule made by any government-established, government-created, or government-controlled agency.

 

(e) "Health care system" means any public or private entity whose function or purpose is the management of, processing of, enrollment of individuals for, or payment for, in full or part, health care services, health care data, or health care information for its participants.

 

(f) "Lawful health care services" means any health-related service or treatment, to the extent that the service or treatment is permitted or not prohibited by law, rule, or regulation, that may be provided by persons or businesses otherwise permitted to offer those services or treatments.

 

(g) "Penalties or fines" means any criminal or civil penalty, fine, tax, salary or wage withholding, surcharge, or any named fee with a similar effect established by government action, that is used to punish or discourage the exercise of rights protected under this act.

 

(h) "Workers' compensation law" means the worker's compensation coverage regulated under the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.

 

http://legislature.mi.gov/doc.aspx?2011-HJ-01-13-002

 

This Bill was allegedly read here, but I see no mention of it at all, except by number:

 

 

http://legislature.mi.gov/doc.aspx?2011-HJ-01-18-003

 

***

 

Just wondering, outloud, how this may or may not effect patients, care-givers and care-takers?

 

FREE The TREE!

 

HARVEST The HEALING

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(f) "Lawful health care services" means any health-related service or treatment, to the extent that the service or treatment is permitted or not prohibited by law, rule, or regulation, that may be provided by persons or businesses otherwise permitted to offer those services or treatments.

 

So, what does that mean, exactly?

 

Here's the Bill:

 

 

HOUSE BILL No. 4050

 

 

January 13, 2011, Introduced by Reps. McMillin, Rendon, Somerville, Scott, Cotter, Shirkey, Opsommer, Hooker, Yonker, Knollenberg, Franz and LaFontaine and referred to the Committee on Health Policy.

 

A bill to provide that no person be required to obtain or maintain health insurance coverage.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

Sec. 1. This act shall be known and may be cited as the "Michigan health care freedom act".

 

 

Sec. 3. (1) Every person has a right to provide for his or her own health care.

 

(2) No government action shall compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system.

 

(3) No person or employer shall be required to pay penalties or fines for paying directly for lawful health care services. A health care provider shall not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services. A health care system shall not be required to pay penalties or fines for permitting a person or employer to pay directly for lawful health care services or for permitting a health care provider to accept direct payment from a person or employer for lawful health care services.

 

(4) No government action shall disadvantage a health care system for permitting a person or employer to pay directly for lawful health care services or for permitting a health care provider to accept direct payment from a person or employer for lawful health care services.

 

(5) Subject to reasonable and necessary laws and rules that do not substantially limit a person's or employer's options, the purchase or sale of health insurance or health coverage in private health care systems shall not be prohibited by any government action.

 

Sec. 5. This act does not do any of the following:

 

(a) Affect which health care services a health care provider is required to perform or provide.

 

(b) Affect which health care services are permitted by law.

 

© Prohibit care provided pursuant to, or prohibit participation under, workers' compensation law or automobile no-fault law.

 

(d) Affect government actions in effect as of January 1, 2010.

 

Sec. 7. As used in this act:

 

(a) "Automobile no-fault law" means automobile insurance coverage regulated under the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302.

 

(b) "Compel" includes penalties or fines.

 

© "Direct payment" and "pay directly" mean payment for lawful health care services without a public or private third party, not including an employer, paying for any portion of the service.

 

(d) "Government action" means any executive, judicial, or quasi-judicial act, intergovernmental compact, statute, ordinance, resolution, or rule made by any government-established, government-created, or government-controlled agency.

 

(e) "Health care system" means any public or private entity whose function or purpose is the management of, processing of, enrollment of individuals for, or payment for, in full or part, health care services, health care data, or health care information for its participants.

 

(f) "Lawful health care services" means any health-related service or treatment, to the extent that the service or treatment is permitted or not prohibited by law, rule, or regulation, that may be provided by persons or businesses otherwise permitted to offer those services or treatments.

 

(g) "Penalties or fines" means any criminal or civil penalty, fine, tax, salary or wage withholding, surcharge, or any named fee with a similar effect established by government action, that is used to punish or discourage the exercise of rights protected under this act.

 

(h) "Workers' compensation law" means the worker's compensation coverage regulated under the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.

 

http://legislature.m...11-HJ-01-13-002

 

This Bill was allegedly read here, but I see no mention of it at all, except by number:

 

 

http://legislature.m...11-HJ-01-18-003

 

***

 

Just wondering, outloud, how this may or may not effect patients, care-givers and care-takers?

 

FREE The TREE!

 

HARVEST The HEALING

 

Just from reading it I can tell you it will negate insurance reimbursement in our State . No doctors really like taking medicare or reduced payments now under medicare or Michigan No fault . The whole system is gamed against patients . Insurance companies liable only for a year . Patients for 3 the billing system a mess especially for those unable to help themselves . Hopefully the majority of those in Lansing are smarter then this .

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I think this may be one of those bills that seeks to blunt the newly passed health care bill (known affectionately as "Obamacare"). Republicans HATE this bill because it leads us one step closer to Universal Health Care (UHC). Under the plan, all people would be required to purchase health care insurance. It is the only way that Universal Coverage can work. EVERYONE must pay in so that the plan is adequately funded. The Republicans see an opening in the mandated pay-in. If they can prevent the funding for UHC, then UHC goes down. They are cloaking this attack on UHC as a "freedom" and "constitutional" issue. They are just the darndest, aren't they? UHC would benefit 80% of Americans, but it would put insurance companies out of business (guess who gets tons of "campaign contributions" from insurance companies?). It would take the profit motive out of health care and thereby cheapen insurance for everyone. Instead of the money going to insurance companies, it would go directly to health care. Republicans are going to do everything they can to defeat this while they are telling anyone who will listen that everything they do is in the best interest of "Americans". Yeah, right. :jipo:

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