NC House Bill 2, Protect The Freedom to Choose Health Care

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 1
HOUSE BILL 2
Short Title: Protect Health Care Freedom. (Public)
Sponsors: Representatives Stam, Barnhart, Hollo, and Murry (Primary Sponsors).
For a complete list of Sponsors, see Bill Information on the NCGA Web Site.
Referred to: Judiciary, if favorable, Finance.
January 27, 2011
*H2-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROTECT THE FREEDOM TO CHOOSE HEALTH CARE AND HEALTH 2 INSURANCE. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. Chapter 58 of the General Statutes is amended by adding a new 5 Article to read: 6
"Article 49A. 7
"North Carolina Health Care Protection Act. 8
"§ 58-49A-1. Constraints on health care freedom prohibited. 9
(a) A law or rule shall not do any of the following: 10
(1) Compel a person to (i) provide for health care services or medical treatment 11 for that person or (ii) contract with, or enroll in, a public or private health 12 care system or health insurance plan. 13
(2) Interfere with a person's right to pay directly for lawful health care services 14 or medical treatment to preserve or enhance that person's life or health. 15
(3) Impose a penalty, tax, fee, or fine on a person for (i) providing for, or failing 16 to provide for, health care services or medical treatment for that person or 17 (ii) contracting with, or enrolling in, or failing to contract with or enroll in, a 18 public or private health care system or health insurance plan. 19
(b) This section shall not be construed to expand, limit, or otherwise modify any of the 20 following: 21
(1) The common-law doctrine of necessaries that a spouse is liable for the 22 necessary expenses incurred by the other spouse, including expenses 23 incurred by medical necessity, or any other duty a person owes to a spouse 24 or dependent with respect to the provision of health care services or medical 25 treatment. 26
(2) Any law regarding which health care services or medical treatments are 27 lawful within this State or who is authorized to provide health care services 28 or medical treatments within this State. 29
(3) Any right or duty of a health care agent with respect to the principal pursuant 30 to a health care power of attorney executed in accordance with Article 3 of 31 Chapter 32A of the General Statutes. 32
(4) Any law regarding the right or duty of a parent or guardian in the 33 determination or provision of health care services or medical treatment for a 34 minor. 35
General Assembly of North Carolina Session 2011
Page 2 House Bill 2-First Edition
(c) An individual aggrieved by a violation of this section has standing to bring a private 1 right of action for the violation. In addition, the Attorney General shall have the duty and 2 standing to bring or defend a State or federal action or proceeding on behalf of the residents of 3 this State to enforce the provisions of this section." 4
SECTION 2. This act is effective when it becomes law.