GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H                                                                                                                                                   2

HOUSE BILL 2

Committee Substitute Favorable 1/31/11

 

Short Title:        Protect Health Care Freedom.

(Public)

Sponsors:

 

Referred to:

 

January 27, 2011

A BILL TO BE ENTITLED

AN ACT to protect the freedom to choose health care and health insurance.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 58 of the General Statutes is amended by adding a new Article to read:

"Article 49A.

"North Carolina Health Care Protection Act.

" 58-49A-1.  Constraints on health care freedom prohibited.

(a)        A law or rule shall not do any of the following:

(1)        Compel a person to (i) provide for health care services or medical treatment for that person or (ii) contract with, or enroll in, a public or private health care system or health insurance plan.

(2)        Interfere with a person's right to pay directly for lawful health care services or medical treatment to preserve or enhance that person's life or health.

(3)        Impose a penalty, tax, fee, or fine on a person for (i) providing for, or failing to provide for, health care services or medical treatment for that person or (ii) contracting with, or enrolling in, or failing to contract with or enroll in, a public or private health care system or health insurance plan.

As used in this subsection, health care services or medical treatments do not include drug testing, drug screening, or communicable disease controls. This subsection does not apply to persons in custody of the Department of Correction or a local confinement facility or who have not completed all requirements imposed as the result of a sentence in a criminal conviction, including, but not limited to, any type of probation, parole, or post-release supervision.

(b)        This section shall not be construed to expand, limit, or otherwise modify any of the following:

(1)        The common-law doctrine of necessaries that a spouse is liable for the necessary expenses incurred by the other spouse, including expenses incurred by medical necessity, or any other duty a person owes to a spouse or dependent with respect to the provision of health care services or medical treatment.

(2)        Any law regarding which health care services or medical treatments are lawful within this State or who is authorized to provide health care services or medical treatments within this State.

(3)        Any right or duty of a health care agent with respect to the principal pursuant to a health care power of attorney executed in accordance with Article 3 of Chapter 32A of the General Statutes.

(4)        Any law regarding the right or duty of a parent or guardian in the determination or provision of health care services or medical treatment for a minor.

(5)        Any law regarding the screening of newborns for metabolic or other hereditary and congenital disorders.

(6)        Any law regarding health care services or medical treatments ordered under the Workers' Compensation Act.

(7)        Any law regarding health care services or medical treatment regarding involuntary commitments for mental illness or substance abuse.

(8)        Any law relating to the taking of DNA or any bodily fluid upon arrest.

(9)        Any law requiring the provision of health insurance for employees as a condition of receiving State economic incentives.

(c)        An individual aggrieved by a violation of this section has standing to bring a private right of action for the violation. In addition, the Attorney General shall have the duty and standing to bring or defend a State or federal action or proceeding on behalf of the residents of this State to enforce the provisions of this section."

SECTION 2.  This act is effective when it becomes law.