Health Care Choice and Protection Act.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0245.E1

HOUSE BILL
NO.
HB0035

Health Care Choice and Protection Act.

Sponsored by:
Representative(s) Brechtel, Burkhart, Davison,
Edmonds
, Gay, Jaggi, Kroeker, Peasley, Quarberg, Semlek and Teeters and Senator(s)
Jennings
, Meier and Nutting

A BILL

for

AN ACT relating to a Health

Care Choice and Protection Act; establishing the Health

Care Choice and Protection Act; authorizing the attorney general to defend specified actions and prescribing optional legal remedies; providing legislative findings and declarations; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S.
35
‑
30
‑
101
through
35
‑
30
‑
105
are created to read:

CHAPTER 30
HEALTH CARE
CHOICE AND PROTECTION ACT

35
‑
30
‑
101
.

Short title; applicability.

(a)

This act shall be known and may be cited as the "
Health

Care Choice and Protection Act
."

(b)

This act shall apply to a person’s right to
choose or decline to choose any mode
of securing
health care services
without risk of penalty or threat of penalty.

35
‑
30
‑
102
.

Definitions.

(a)

As used in this act:

(i)

"Borders of Wyoming" means the boundaries of Wyoming as described in Section 2 of the Act of Admission of the state of Wyoming, 26 United States Statutes at Large, 222, chapter 664;

(ii)

"
Health care services
"
shall mean any service, treatment or provision of product for the care of physical or mental disease, illness, injury, defect or condition, or to otherwise maintain or improve physical or mental health, subject to all laws and rules regulating health service providers and products within the state of Wyoming
;

(iii)

"
Mode of securing
"
shall mean to purchase directly or on credit or by trade, or to contract for third-party payment by insurance or other legal means authorized by the state of
Wyoming
, or to apply for or accept employer or government sponsored health care benefits under such conditions as may legally be required as a condition of such benefits, or any combination of the same
;

(iv)

"
Penalty
"
shall mean any civil or criminal fine, tax, salary or wage withholding, surcharge, fee or any other imposed consequence established by law or rule of a government or its subdivision or agency that is used to punish or discourage the exercise of rights protected under this chapter
;

(v)

"This act" means W.S.
35
‑
30
‑
101
through
35
‑
30
‑
105
.

35
‑
30
‑
103
.

Legislative findings and declaration of authority
; declaration of
invalidity
.

(a)

The legislature declares that the authority for W.S.
35
‑
30
‑
101
through
35
‑
30
‑
105
is the following:

(i)

It is the sworn or affirmed duty of the Wyoming
legislators
to protect and defend the
c
onstitution of Wyoming and the U
nited States
Constitution and in doing so adopt and enact any and all measures as may be necessary within the borders of Wyoming to prevent the enforcement of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010;

(ii)

The tenth amendment to the United States
C
onstitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and the people of
Wyoming
certain powers as they were understood at the time that
Wyoming
was admitted to statehood in 1890. The guaranty of those powers is a matter of contract between the state and people of Wyoming and the several states comprising the United States as of the time the Act of Admission was agreed upon and adopted by Wyoming and the several states comprising the United States in 1889;

(i
ii
)

The ninth amendment to the United States
C
onstitution guarantees to the people rights not granted in the constitution and reserves to the people of
Wyoming
certain rights, as they were understood at the time
Wyoming
was admitted to statehood in 1890. The guaranty of those rights is a matter of contract between the state and people of Wyoming and the several states comprising the United States as of the time the Act of Admission was agreed upon and adopted by Wyoming and the United States in 1889;

(
i
v)

Article 1, section 1, of the Wyoming constitution provides that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness; for all the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish the government in such manner as they may think proper;

(v)

Article 1, section 7, of the
Wyoming
constitution provides that absolute, arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority;

(vi)

Article 1, sections 1 and 7, of the Wyoming constitution clearly provide that the people of the state have the sole and exclusive right of governing themselves as a free, sovereign and independent state, and do so and forever hereafter shall exercise and enjoy every power, jurisdiction and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America;

(vii)

The declaration of independence clearly provides that government derives its power directly from the consent of the governed and Wyoming affirms the language of the second paragraph of the declaration of independence which states "We hold these truths to be self-evident, that all men are created equal, that they are endowed by the Creator with certain inalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed...".

(b)

The Wyoming legislature declares that the federal laws known as the "Patient Protection and Affordable Care Act," Public Law 111-148, and the "Health Care and Education Reconciliation Act of 2010," Public Law 111-152, are not authorized by the constitution of the United States and violate its meaning, intent and principles as given by the ratifiers, and are hereby declared to be invalid in the state, shall not be recognized by this state, are specifically rejected by this state and shall be considered null and void and of no effect in this state.

35
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30
‑
104
.

Defense of
Wyoming
citizens;
p
rivate right of action.

(a)

The attorney general
may
defend a citizen of
Wyoming
who is prosecuted by the
United States
government or agents for violation of the Patient Protection and Affordable Care Act or the Health Care and Education Reconciliation Act of 2010.

(
b
)

In addition to any other remedies, a person suffering pecuniary loss because of a violation by another person of this article may bring an action in any court of competent jurisdiction and shall be entitled to recover all of the following:

(i)

The greater of five thousand dollars ($5
,
000.00) or twice the amount of the pecuniary loss;

(ii)

All costs and reasonable attorney fees.

35
‑
30
‑
105
.

Protection of health

care choice.

(a)

E
very person within the
borders
of
Wyoming
is and shall be free to choose or decline to choose any mode of securing health care services without penalty or threat of penalty.

(b)

No law shall restrict a person's natural right and power of contract to secure the blessings of liberty to choose private health care systems or private plans. No law shall interfere with the right of a person or entity to pay for lawful medical services to preserve life or health, nor shall any law impose a penalty, tax, fee or fine, of any type, to decline or to contract for health care coverage or to participate in any particular health care system or plan, except as required by a court where an individual or entity is a named party in a judicial dispute. Nothing herein shall be construed to expand, limit or otherwise modify any determination of law regarding what constitutes lawful medical services within the
state of
Wyoming
.

Section 2.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0035