Tennessee Health Freedom Act

Below is the analysis and summary of the Tennessee Health Freedom Act copied from web site of the Tennessee General Assembly. Democrats are trying to block passage of this bill. Conservative activist are lobbying hard for passage. A battle rages in Tennessee. What makes this bill more than a symbolic gesture is that under this act, the Attorney General is required to defend anyone who is prosecuted for exercising his or rights under this bill.

SB 3498 by *Beavers, Tracy, Black, Crowe, Norris, Johnson, Watson, Ramsey, Faulk. (*HB 3433 by *Bell, Weaver, Harwell, Carr, Williams, Dunn, McDaniel, Matheny.)

Health Care - As introduced, enacts "Tennessee Health Freedom Act." - Amends TCA Title 8; Title 56; Title 63; Title 68 and Title 71.

Fiscal Summary

Increase State Expenditures - Not Significant

Bill Summary

This bill provides that it is the public policy of this state that every person within this state is and will be free to choose or decline to choose any mode of securing health care services without penalty or threat of penalty, and this bill provides that with this bill the state is exercising its sovereign power to declare this public policy.

This bill provides the following in regard to this state public policy:

(1) The policy stated in this bill will not be applied to impair any right of contract related to the provision of health care services to any person or group;
(2) No public official, employee, or agent of this state or any of its political subdivisions may act to impose, collect, enforce, or effectuate any penalty in this state that violates the public policy set forth in this bill; and
(3) It is the duty of the attorney general and reporter to seek injunctive and any other appropriate relief as expeditiously as possible to preserve the rights and property of the residents of this state, and to defend as necessary this state, its officials, employees and agents in the event that any law or regulation violating the public policy set forth in this bill is enacted by any government, subdivision or agency thereof.

ON FEBRUARY 17, 2010, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 3498, AS AMENDED.

AMENDMENT #1 specifies that it will be the public policy of this state for Tennesseans to be able to choose their mode of securing health care services without penalty or threat of penalty by the federal government.

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