Reference is to Printer's Date 2/19/15-H.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Healthcare Sharing Ministries Freedom to Share Act".
SECTION 2. Chapter 5, Title 38 of the 1976 Code is amended by adding:
"Section 38-5-25.
(A) A healthcare sharing ministry is
not considered to be engaging in the business of insurance and
is not subject to the insurance laws of this State.
(B) 'Healthcare sharing
ministry' means a faith-based, nonprofit organization that is
tax-exempt under the Internal Revenue Code that:
(1)
limits its participants to those who are of a similar
faith;
(2)
acts as a facilitator among participants who have
financial or medical needs, or both, and matches those
participants with other participants with the present ability to
assist those with financial or medical needs, or both, in
accordance with criteria established by the healthcare sharing
ministry;
(3)
provides for the financial or medical needs, or both, of a
participant through contributions from one participant or
multiple participants to another;
(4)
provides amounts that participants may contribute with no
assumption of risk or promise to pay among the participants and
no assumption of risk or promise to pay by the healthcare
sharing ministry to the participants;
(5)
provides a written monthly statement to all participants
that lists the total dollar amount of qualified needs submitted
to the healthcare sharing ministry, as well as the amount
actually published or assigned to participants for their
contributions;
(6)
provides a written disclaimer on or accompanying all
applications and guideline materials distributed by or on behalf
of the organization that reads, in substance:
'Important Notice: The healthcare sharing
ministry facilitating the sharing of medical expenses is not a
health insurance company, and neither its guidelines nor plan of
operation is an insurance policy. Whether anyone chooses to
assist you with your medical bills will be totally voluntary
because no other participant or group of participants will be
compelled by law to contribute toward your medical bills. As
such, participation in the organization or a subscription to any
of its documents should never be considered to be insurance.
Regardless of whether you receive any payment for medical
expenses or whether this organization continues to operate, you
are always personally responsible for the payment of your own
medical bills'."
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.