10 LC 28
4927
Senate
Bill 317
By:
Senators Hill of the 32nd, Shafer of the 48th, Rogers of the 21st, Williams of
the 19th, Hill of the 4th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia
Annotated, relating to general provisions concerning health, so as to provide
that no law or rule or regulation shall compel any person, employer, or health
care provider to participate in any health care system; to authorize persons and
employers to pay directly for lawful health care services without penalties or
fines; to provide for related matters; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating
to general provisions concerning health, is amended by adding a new Code section
to read as follows:
"31-1-11.
(a)
As used in this Code section, the term:
(1)
'Compel' includes penalties or fines.
(2)
'Direct payment' or 'pay directly' 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.
(3)
'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 in part, health care services or health care data or
health care information for its participants.
(4)
'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
or regulation that may be provided by persons or businesses otherwise permitted
to offer such services.
(5)
'Penalties or fines' means any civil or criminal penalty or fine, tax, salary or
wage withholding or surcharge, or any named fee with a similar effect
established by law or rule by a government established, created, or controlled
agency that is used to punish or discourage the exercise of rights protected
under this Code section.
(b)
To preserve the freedom of citizens of this state to provide for their health
care:
(1)
No law or rule or regulation shall compel, directly or indirectly, any person,
employer, or health care provider to participate in any health care system;
and
(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.
(c)
Subject to reasonable and necessary rules and regulations 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 by rule or
regulation.
(d)
This Code section shall not:
(1)
Affect which health care services a health care provider or hospital is required
to perform or provide;
(2)
Affect which health care services are permitted by law;
(3)
Prohibit care provided pursuant to any statutes enacted by the General Assembly
relating to workers' compensation;
(4)
Prohibit the imposition by the General Assembly of conditions and limitations on
the use or applicability of exemptions and deductions with regard to income
taxation;
(5)
Affect laws or rules in effect as of January 1, 2009; or
(6)
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 health care services or a health care
provider or hospital for accepting direct payment from a person or employer for
lawful health care
services."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.