PROTECT HEALTH CARE FREEDOM

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View NCGA Bill Details2011-2012 Session
House Bill 2 (Public) Filed Wednesday, January 26, 2011
TO PROTECT THE FREEDOM TO CHOOSE HEALTH CARE AND HEALTH INSURANCE.
Intro. by Stam, Barnhart, Hollo, Murry.
Status: Failed To Override Veto (House Action) (Mar 9 2011)

Bill History:

H 2

Bill Summaries:

  • Bill H 2 (2011-2012)
    Summary date: Feb 16 2011 - View Summary

    Senate amendment makes the following change to 4th edition. Amends GS 58-49A-1(b)(8) to correct the reference to the Rules of Civil Procedure under which a judge orders a physical and mental examination of a party in a civil action to Rule 35 (was, Rule 45).

    Health Insurance
  • Bill H 2 (2011-2012)
    Summary date: Feb 14 2011 - View Summary

    Senate committee substitute makes the following changes to 3rd edtion. Amends proposed GS 58-49A-1(b)(8) to add that the following items will not be expanded, limited, or modified by the statute: the physical and mental examination of a party ordered by a judge in a civil action under Rule 45 of the Rules of Civil Procedure, blood or genetic testing to establish paternity pursuant to GS 8-50.1 and GS 110-132.2, and the taking of DNA or any other biological evidence in accordance with GS Chapter 15A.
    Amends proposed GS 58-49A-1(c) to require the Department of Justice (DOJ) to provide the Attorney General with any funds necessary to fulfill responsibilities under the subsection from funds appropriated to DOJ and from other available grants or funding.

    Health Insurance
  • Bill H 2 (2011-2012)
    Summary date: Feb 2 2011 - View Summary

    House amendments make the following changes to 2nd edtion. Amendment # 1 amends proposed GS 58-49A-1(b) to add to or modify the list of items that will not be expanded, limited, or modified by the statute as follows: (1) any law regarding newborn screenings for metabolic or other hereditary and congenital disorders and examination and testing of a child for lead poisoning under GS 130A-131.9; (2) any law relating to the taking of DNA or any other biological evidence in accordance with GS Chapter 15A (was, other bodily fluid upon arrest); and (3) any law regarding the examination and testing of persons to determine possible exposure to nuclear, biological, or chemical agents caused by a terrorist incident as provided in Article 22 of GS Chapter 130A.
    Amendment # 4 additionally rewrites GS 58-49A-1(b) to add any law regarding health assessments required under GS 130A-440 for children entering kindergarten in the public schools to the items that will not be expanded, limited, or modified by the proposed statute.

    Health Insurance
  • Bill H 2 (2011-2012)
    Summary date: Jan 31 2011 - View Summary

    House committee substitute makes the following changes to 1st edition. Amends proposed GS 58-49A-1(a), to provide that health care services or medical treatments, as used in the subsection, do not include drug testing, drug screening, or communicable disease controls. Also provides that the subsection does not apply to persons in custody of the Department of Correction or a local confinement facility, or to persons who have not completed all sentence requirements imposed as a result of a criminal conviction, including, but not limited to, probation, parole, or post-release supervision.
    Amends proposed GS 58-49A-1(b) to add that the following five items will not be expanded, limited, or modified by the statute: (1) any law regarding newborn screenings for metabolic or other hereditary and congenital disorders, (2) any law regarding health care services or medical treatment ordered under the Workers’ Compensation Act, (3) any law regarding health care services or medical treatment related to involuntary commitments for mental illness or substance abuse, (4) any law relating to the taking of DNA or other bodily fluid upon arrest, or (5) any law requiring the provision of health insurance to employees as a condition of state economic incentives receipt.

    Health Insurance
  • Bill H 2 (2011-2012)
    Summary date: Jan 26 2011 - View Summary

    Enacts new Article 49A to GS Chapter 58, entitled the North Carolina Health Care Protection Act. New GS 58-49A-1(a) prohibits a law or rule from (1) compelling a person to provide for health care services or medical treatment for that person, or compelling a person to contract with, or enroll in, a public or private health care system or health insurance plan; (2) interfering 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; or (3) imposing a penalty, tax, fee, or fine on a person for providing for, or failing to provide for, health care services or medical treatment for that person, or for contracting with, or enrolling in, or failing to contract with or enroll in, a public or private health care system or health insurance plan.
    New GS 58-49A-1(b) provides that the statute will not expand, limit, or modify the following: (1) the common law doctrine of necessaries, or any duty a person owes to a spouse or dependent concerning health care services or medical treatment; (2) any law regarding the legality of health care services or medical treatments in North Carolina, or any law regarding the parties authorized to provide those services; (3) any right or duty of a health care agent, related to a duly executed health care power of attorney; or (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.
    New GS 58-49A-1(c) provides a private right of action to an individual aggrieved by a violation of the statute. Directs the Attorney General to bring or defend a state or federal action or proceeding on behalf of North Carolina residents, if necessary to enforce the statute.

    Health Insurance
    GS 58
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