ACR105

A Concurrent Resolution proposing to amend Article I of the Constitution of the State of New Jersey by adding a new paragraph 23 thereto.

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. The following proposed amendment to the Constitution of the State of New Jersey is hereby agreed to:

23. The right of every person to the free, full and absolute choice in the selection of licensed health care providers shall not be denied or limited by law or contract, provided that this right shall not be construed to limit the authority of the State to regulate health care providers to ensure the preservation of the health, safety and welfare of the public.

2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

There shall be printed on each official ballot to be used at the general election, the following:

a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question, as follows:

If you favor the proposition printed below make a cross (X), plus (+) or check (•) in the square opposite the word 'Yes.' If you are opposed thereto make a cross (X), plus (+) or check (•) in the square opposite the word 'No.'

YES

GUARANTEE OF RIGHT TO CHOOSE HEALTH CARE PROVIDER

Shall the amendment to Article I of the State Constitution, which provides every person with the right to the free, full and absolute choice in selecting licensed health care providers, which right shall not be limited by law or contract, except that this right shall not be construed to limit the authority of the State to regulate health care providers to ensure the preservation of the health, safety and welfare of the public, be approved?

INTERPRETIVE STATEMENT

This constitutional amendment states that no State law or contract entered into under State law shall deny or limit the right of a person to the free, full and absolute choice in selecting licensed health care providers. Health care providers include, for example, physicians, dentists, hospitals, pharmacies and nursing homes. The amendment also states, however, that the guarantee of this right does not limit the authority of the State to regulate health care providers to preserve the health safety and welfare of the public.

The proposed constitutional amendment guarantees the right of every person to the free, full and absolute choice in the selection of licensed health care providers by providing that this constitutional right shall not be denied or limited by law or contract. The amendment also states, however, that this right shall not be construed to limit the authority of the State to regulate health care providers to ensure the preservation of the health, safety and welfare of the public.

Proposes amendment to State Constitution to guarantee right of free choice in selection of health care provider.