00                       CS FOR HOUSE BILL NO. 1(JUD)                                                                     
01 "An Act stating a public policy that allows a person to accept or decline any offered                                   
02 mode of securing health care services."                                                                                 
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
05 to read:                                                                                                                
06       SHORT TITLE. This Act may be known as the Alaska Health Freedom Act.                                              
07    * Sec. 2. AS 44.99 is amended by adding a new section to article 2 to read:                                        
08            Sec. 44.99.130. Declaration of policy for securing health care services. (a) It                            
09       is the policy of the State of Alaska that a person has the right to accept or decline any                         
10       offered mode of obtaining health care services without penalty or threat of penalty.                              
11            (b)  The policy stated in (a) of this section                                                                
12                 (1)  does not apply to health care services provided or required by the                                 
13       state, a political subdivision of the state, or a court of the state; and                                         
14                 (2)  may not impair a contract right that provides health care services.                                

01            (c)  In this section,                                                                                        
02                 (1)  "health care provider" has the meaning given in AS 09.55.560 and                                   
03       includes a direct-entry midwife certified under AS 08.65.                                                         
04                 (2)  "health care services" means a service or treatment, or provision of                               
05       a product, for the care of a physical or mental disease, illness, injury, defect, or                              
06       condition, or to maintain or improve physical or mental health;                                                   
07                 (3)  "mode of obtaining" means directly purchasing health care services                                 
08       from a health care provider or purchasing insurance to cover the cost of health care                              
09       services;                                                                                                         
10                 (4)  "penalty" means a fine, tax, surcharge, fee, or other monetary                                     
11       charge; however, liability for the cost of health care services is not a penalty.