Healthcare Freedom Act

To preserve the freedom of West Virginians to provide for
their healthcare:

1. A law or rule shall not compel, directly or indirectly, any person, employer or healthcare provider to participate in any healthcare system.

2. A person or employer may pay directly for lawful healthcare
services and shall not be required to pay penalties or fines for paying directly for lawful healthcare services. A health care provider may accept direct payment for lawful healthcare services and shall not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful healthcare services.

B. Subject to reasonable and necessary rules that do not substantially limit a person's options, the purchase or sale of health insurance in private healthcare systems shall not be prohibited by law or rule.

C. This section does not:

1. Affect which healthcare services a health care provider or hospital is required to perform or provide.

2. Affect which healthcare services are permitted by law.

3. Prohibit care provided pursuant to any statutes enacted by the legislature relating to worker's compensation.

4. Affect laws or rules in effect as of January 1, 2009.

5. Affect the terms or conditions of any healthcare system to the extent that those terms and conditions do not have the effect of punishing a person or employer for paying directly for lawful healthcare services or a healthcare provider or hospital for accepting direct payment from a person or employer for lawful healthcare services.

D. For the purposes of this section:

1. "Compel" includes penalties or fines.

2. "Direct payment or pay directly" means payment for lawful healthcare services without a public or private third party paying for any portion of the service. A public or private third party does not include an employer.

3. "Healthcare system" means any public or private entity whose function or purpose is the management of, processing of, enrollment of individuals for or payment for, in full or in part, healthcare services or healthcare data or healthcare information for its participants.

4. "Lawful healthcare services" means any health-related service or treatment to the extent that the service or treatment is permitted or not prohibited by law or regulation that may be provided by persons or businesses otherwise permitted to offer such services.

5. "Penalties or fines" means any civil or criminal penalty or fine, tax, salary or wage withholding or surcharge or any named fee with a similar effect established by law or rule by a government established, created or controlled agency that is used to punish or discourage the exercise of rights protected under this section.