Colorado Healthcare Amendment (2010), constitutional text changes

From Ballotpedia
Jump to: navigation, search
Back to Colorado Health Care Amendment (2010)
Colorado Constitution
800px-Flag of Colorado.svg.png
If approved by voters, the proposed initiative would amend Article II of the Colorado Constitution with the addition of a new section - Section 32.[1]

The new section reads as follows:

Text of Section 32

Right to health care choice.

(1) All persons shall have the right of health care choice. No statute, regulation, resolution or policy adopted or enforced by the State of Colorado, its departments and agencies independently or at the instance of the United States shall:

(a) require any person directly or indirectly to participate in any public or private health insurance plan, health coverage plan, health benefit plan, or similar plan; or
(b) deny, restrict, or penalize the right or ability of any person to make or receive direct payments for lawful health care services.

(2) This section shall not apply to, affect or prohibit: (a) emergency medical treatment required by law to be provided or performed by hospitals, health facilities, or other health care providers; or (b) health benefits provided in connection with workers' compensation or similar insurance.

(3) "Lawful health care services" means any service or treatment permitted or not prohibited by any provision of Colorado law.

(4) This section is intended to reflect and affirm the powers reserved to the state by U.S. Const., amend. X, and to implement the powers reserved to the people by Section I of Article V of the Constitution.

(5) This section shall become effective upon proclamation by the Governor, shall be self implementing in all respects, and shall supersede any provision to the contrary in the Constitution of the State of Colorado or any other provision of law.

(6) If any provision of this section or the application thereof to any person, entity or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are declared severable.