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Freedom of Choice in Health Care

Arizona Ballot Measure - Proposition 101

Election: General Nov. 4, 2008 (General)

Outcome: Failed

Categories:

Health Insurance
Health and Health Care

Arguments For

Arguments Against

Summary

ANALYSIS BY LEGISLATIVE COUNCIL

Proposition 101 would amend the Arizona Constitution to provide that no law shall:

1. Restrict a person's freedom to choose a private health care plan or system of their choice.
2. Interfere with a person's or entity's right to pay directly for lawful medical services.
3. Impose a penalty or fine, of any type, for choosing to obtain or decline health care coverage.
4. Impose a penalty or fine, of any type, for participation in any particular health care system or plan.

FISCAL IMPACT STATEMENT

State law requires the Joint Legislative Budget Committee (JLBC) Staff to prepare a summary of the fiscal impact of certain ballot measures. Proposition 101 is not estimated to have a state fiscal impact. The proposition may affect future operation of the Arizona Health Care Cost Containment System (AHCCCS) and state employee health benefits. The impact on these programs cannot be determined in advance.

Measure Text

Be it enacted by the People of Arizona:

1. Article II, Section 36: Constitution of Arizona is proposed to be added as follows if approved by the voters and on proclamation of the Governor:

ARTICLE II, SECTION 36. BECAUSE ALL PEOPLE SHOULD HAVE THE RIGHT TO MAKE DECISIONS ABOUT THEIR HEALTH CARE, NO LAW SHALL BE PASSED THAT RESTRICTS A PERSON'S FREEDOM OF CHOICE OF PRIVATE HEALTH CARE SYSTEMS OR PRIVATE PLANS OF ANY TYPE. NO LAW SHALL INTERFERE WITH A PERSON'S OR ENTITY'S RIGHT TO PAY DIRECTLY FOR LAWFUL MEDICAL SERVICES, NOR SHALL ANY LAW IMPOSE A PENALTY OR FINE, OF ANY TYPE, FOR CHOOSING TO OBTAIN OR DECLINE HEALTH CARE COVERAGE OR FOR PARTICIPATION IN ANY PARTICULAR HEALTH CARE SYSTEM OR PLAN.

2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by Article XXI, of the Constitution of Arizona.

Resources

Official Summary

Source
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