Proposed North Carolina Health Care Protection Act

Posted by Paul Stam, NC House Republican Leader on April 6th, 2010 | Categorized as Health Care, Legislation, Press Releases

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H D

BILL DRAFT 2009-MG-85C [v.1] (01/20)

(THIS IS A DRAFT AND IS NOT READY FOR INTRODUCTION)

3/29/2010 2:13:03 PM

Short Title: Protect Health Care Freedom.		(Public)
Sponsors:	Representatives Stam, Tillis, Barnhart, and Burris-Floyd (Primary Sponsors).
Referred to:

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.

(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 his or her spouse or dependents 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.

(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.

1 Response to “Proposed North Carolina Health Care Protection Act”

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Support the NC Farmer's Freedom Act | Pundit House:
[...] Again, it’s important to note how Bradley’s bill to nullify S. 510 is unique. One of the campaign promises made by the leaders of the new Republican majority in the General Assembly was to nullify Obamacare, and to their credit, they’ve introduced HB 2, the North Carolina Healthcare Protection Act, to do just that. However, a careful reading of the bill reveals that there is no criminal classification of attempts to enforce Obamacare within North Carolina. Thus, there can be no penalties for doing so. In other words, North Carolina’s Obamacare nullification bill has no teeth. The full text of the bill can be found here. [...]
--January 31, 2011 @ 8:43 am

Paul Stam