The CCHF Model State Legislation Library was designed to provide state policymakers with model legislation that protects patient rights, individual freedom of choice, medical privacy, and affordable access to care. The language of each proposal has been written as a template for ready adoption or easy adaptation in any state.

 

Tax-Penalty Prohibited for Failure to Buy Health Insurance

Tax-Penalty Prohibited for Failure to Buy Health Insurance

Although the mandate to purchase health insurance under Obamacare was ruled by the U.S. Supreme Court to be unconstitutional, Chief Justice ruled that the Congress could tax citizens for inactivity -- for failing to purchase government-approved health insurance. State legislatures should now stand up under their 10th Amendment States' Rights authority to prohibit the taxation of their citizens by the IRS for failure to buy health insurance. NOTE: the requirement to register one's health insurance status with the federal government annually will create a national database unlike any ever before created. Every citizen must register every year with the IRS, whether they pay taxes or not.

Consent Requirements For Release of Health Records

Consent Requirements For Release of Health Records

A bill for consent requirements for release or disclosure of health records

Contact Tracing

Contact Tracing

A bill for an act relating to public health; creating a COVID-19 testing and contact tracing bill of rights. Establishing grants to small employers to assist in establishing COVID-19 testing for their employees; appropriating money.

Individual Rights in Declared Emergencies

Individual Rights in Declared Emergencies

As exemplified during the COVID-19 outbreak, state governments have significant control over private citizens during a declared emergency. This language, currently in Minnesota Statute 12.39, specifically prohibits forced treatment, vaccinations, specimen collection and more while requiring individuals to be notified of that right to refuse. 

Universal Patient Data Consent Form

Universal Patient Data Consent Form

This language establishes a mandatory patient consent form for health information sharing. It allows a patient to share as much or as little information as they desire using “Yes” and “No” options for each requested data-share. Definitions attached to the form educate patients on how the information could be used allowing for more informed decision-making.

PMP Audits, Appropriate Access and Patient Access

PMP Audits, Appropriate Access and Patient Access

State Prescription Monitoring Programs (PMPs) collect a significant amount of data on patients. In 2019, Minnesota lawmakers passed a bill to require quarterly audits of the database to ensure program integrity and appropriate access. The law also requires designee’s access to be terminated when employment ends. It also permits individuals to view who accessed their data.

Non-Coercive Patient Consent Required

Non-Coercive Patient Consent Required

Because HIPAA does not adequately protect patient privacy and consent, or control over private health information, but allows stronger state privacy laws, state legislators should consider passing patient consent requirements for sharing protected health information, and prohibiting a provider from refusing to treat a patient who exercises their right to not share information or to modify consent forms to limit data-sharing.

Direct Primary Care (DPC)

Direct Primary Care (DPC)

State Legislators across the nation have passed various legislation to protect Direct Primary Care (DPC). Model legislation includes clarification that DPC is not insurance and thus cannot be regulated like insurance. Care should be taken not to issue prescriptive guidelines or requirements for DPC practices that counter these legislative protections.

 

Exchange Prohibited

Exchange Prohibited

State legislators, individuals are organizations can use this proposed legislation as a template for writing their own legislation to prohibit the implementation of a state-run, federally-run, or federally-facilitated health insurance exchange, as defined in sections 1311 and 1321 of Obamacare, the Patient Protection and Affordable Care Act (Public Laws 111-148 and 111-152). NOTE: The federal law does not require states to implement an exchange, and cannot force state legislatures to build a state-run exchange (unconstitutional commandeering), join in a federally-facilitated exchange (federally-run exchange with facade of state control), or share state data on individuals to allow the operation of a Federal Exchange run by HHS. 

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