|
|
| To enact sections 3964.01, 3964.011, 3964.02, and | 1 |
| 3964.03 of the Revised Code to enact the Health | 2 |
| Care Freedom Act. | 3 |
| Section 1. That sections 3964.01, 3964.011, 3964.02, and | 4 |
| 3964.03 of the Revised Code be enacted to read as follows: | 5 |
| Sec. 3964.01. This chapter shall be known and may be cited | 6 |
| as the "Health Care Freedom Act." | 7 |
| Sec. 3964.011. As used in this chapter: | 8 |
| (A) "Health insurance issuer" has the same meaning as "health | 9 |
| plan issuer" in section 3922.01 of the Revised Code. | 10 |
| (B) "Penalty" means any civil or criminal fine, tax, salary | 11 |
| or wage withholding, surcharge, fee, or any other imposed | 12 |
| consequence established by law or rule of a government or its | 13 |
| subdivision or agency that is used to punish or discourage the | 14 |
| exercise of rights protected under this chapter. | 15 |
| Sec. 3964.02. (A) A health insurance issuer operating in | 16 |
| this state shall not accept any remuneration, credit, or subsidy, | 17 |
| as described in 42 U.S.C. 18082, that may result in the imposition | 18 |
| of penalties against any employer or individual in this state. | 19 |
| (B) If a health insurance issuer violates division (A) of | 20 |
| this section, the issuer's license to issue new business in the | 21 |
| state shall be suspended immediately and until such time as the | 22 |
| issuer represents it has returned that remuneration, credit, or | 23 |
| subsidy to its source and will decline any such future | 24 |
| remuneration, credit, or subsidy. Such suspensions shall not be | 25 |
| construed as impairing the right of contract or the right to | 26 |
| continue or renew existing business in the state. | 27 |
| (C) The attorney general shall take such action as is | 28 |
| provided in section 3964.03 of the Revised Code in the defense or | 29 |
| prosecution of rights protected under this chapter. | 30 |
| Sec. 3964.03. The attorney general shall seek injunctive and | 31 |
| any other appropriate relief as expeditiously as possible to | 32 |
| preserve the rights and property of the residents of the state, | 33 |
| and to defend as necessary the state, and its officials, | 34 |
| employees, and agents, in the event that any law or regulation | 35 |
| violating the public policy set forth in this chapter is enacted | 36 |
| by any government, subdivision, or agency thereof. | 37 |