Arizona Constitution Article 27 - REGULATION OF PUBLIC HEALTH, SAFETY AND WELFARE

Arizona Constitution – Article 27: Regulation of Public Health, Safety, and Welfare

Overview:

Article 27 of the Arizona Constitution is relatively brief and was added to specifically limit government intervention in the regulation of health care, particularly in response to concerns about federal healthcare mandates.

Full Text (as adopted in 2010):

Section 1. This state shall not enact any law that restricts a person's freedom of choice of private health care systems or private plans of any type.

Section 2. This state shall not require any person or employer to participate in any health care system.

Section 3. A person or employer may pay directly for lawful health care services and shall not be required to pay penalties or fines for doing so.

Section 4. A health care provider may accept direct payment for lawful health care services and shall not be required to pay penalties or fines for doing so.

Section 5. Subject to reasonable and necessary rules that do not substantially limit a person's options, the purchase or sale of health insurance in private health care systems shall not be prohibited by law or rule.

Section 6. This article does not:
(1) Affect which health care services a health care provider or hospital is required to perform or provide.
(2) Affect which health care services are permitted by law.
(3) Prohibit care provided pursuant to workers' compensation laws.
(4) Affect laws or rules in effect as of January 1, 2009.

Section 7. This article shall not be construed to expand, limit, or otherwise modify any other rights secured by law.

Summary:

Article 27:

Protects individuals' and employers' freedom to choose private healthcare plans.

Prohibits mandatory participation in healthcare systems.

Allows direct payment for medical services without penalty.

Prevents laws that ban private health insurance options.

Includes exceptions to ensure public health, safety, and existing laws are not disrupted.

 

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