Missouri Revised Statutes













Chapter 1

Laws in Force and Construction of Statutes

←1.320

Section 1.330.1

1.010→

August 28, 2015

Health care, no requirement to participate, no penalties--purchase or sale of health insurance in private system not prohibited--definitions.

1.330. 1. No law or rule shall compel, directly or indirectly, any

person, employer, or health care provider to participate in any health care

system.



2. A person or employer may pay directly for lawful health care

services and shall not be required by law or rule to pay penalties or fines

for paying directly for lawful health care services. A health care

provider may accept direct payment for lawful health care services and

shall not be required by law or rule to pay penalties or fines for

accepting direct payment from a person or employer for lawful health care

services.



3. 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.



4. This section 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 under workers' compensation as provided

under state law;



(4) Affect laws or regulations in effect as of January 1, 2010;



(5) Affect the terms or conditions of any health care system to the

extent that those terms and conditions do not have the effect of punishing

a person or employer for paying directly for lawful health care services or

a health care provider or hospital for accepting direct payment from a

person or employer for lawful health care services.



5. As used in this section, the following terms shall mean:



(1) "Compel", any penalties or fines;



(2) "Direct payment or pay directly", payment for lawful health care

services without a public or private third party, not including an

employer, paying for any portion of the service;



(3) "Health care system", any public or private entity whose function

or purpose is the management of, processing of, enrollment of individuals

for or payment for, in full or in part, health care services or health care

data or health care information for its participants;



(4) "Lawful health care services", any health-related service or

treatment to the extent that the service or treatment is permitted or not

prohibited by law or regulation that may be provided by persons or

businesses otherwise permitted to offer such services; and



(5) "Penalties or fines", any civil or criminal penalty or fine, tax,

salary or wage withholding or surcharge or any named fee with a similar

effect established by law or rule by a government-established, -created or

-controlled agency that is used to punish or discourage the exercise of

rights protected under this section.



(L. 2010 H.B. 1764 Adopted by referendum, Proposition C, August 3,

2010)



Effective 8-03-10







Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.