This bill declares it to be the public policy of Tennessee that: (1) Every person within the state is free to choose or to decline to choose any mode of securing health care services without penalty or threat of penalty; and (2) Every person within the state has the right to purchase health insurance or to refuse to purchase health insurance. This bill prohibits the state government from interfering with a citizen's right to purchase health insurance or with a citizen's right to refuse to purchase health insurance. This bill declares any law passed in violation of the policy expressed in this bill to be void ab initio. This bill prohibits any public official, employee, or agent of this state or any of its political subdivisions from acting to impose any penalty in Tennessee that violates the public policy set forth in this bill. ON FEBRUARY 23, 2011, THE SENATE ADOPTED AMENDMENTS #1 AND #2 AND PASSED SENATE BILL 79, AS AMENDED. AMENDMENT #1 clarifies that it is not the public policy of this state that the right of citizens to choose or decline to choose health care coverage prevents courts from ordering parents to provide health care coverage for their children in child support cases. AMENDMENT #2 clarifies that it is not the public policy of this state that the right of citizens to choose or decline to choose health care coverage prevents an employer from requiring that the employer's employees participate in a health insurance plan as a condition of employment.

Statutes affected:
Introduced: 4-29-246(a), 4-29-246, 4-29-250(a), 4-29-250