Constitutional Amendment 5

Healthcare

March 25, 2018

Section 1. Congress and the States shall pass no law taxing financial transactions or control of investments by companies designated by law as Healthcare Insurers, Healthcare Providers, or Healthcare Developers by the States or Federal Government. Congress and the States shall be limited to taxation of income tax for the people that work for Insurance Providers, Healthcare Providers, and Healthcare development businesses within the borders of the States. Congress shall pass no law providing funding of any kind to the States or control or limit expenses within Healthcare businesses or regulate through tax code the expenses of Healthcare Developers or regulate Insurance commerce between the States. The States shall be the final authority over percentage of business that is defined as Healthcare and regular operations that are outside the Healthcare industry.

Section 2. Healthcare Insurers, Healthcare Providers, or Healthcare Developers as defined by law, are required to adhere to the following; Healthcare Insurers shall not have assets or investments outside of America or have restrictions on preexisting conditions. Healthcare Providers shall provide care without restrictions based on race or religion or ability to pay for treatment and may refuse healthcare due to danger or fear of loss of life or harm to the provider. Healthcare Developers shall be accountable for their pharmaceuticals and procedures and shall not be held accountable for misuse of products and procedures. Congress or the States shall pass no laws contrary to the clauses of this section or interfere with contractual agreements for testing of products and procedures.

Section 3. The States shall retain the sole responsibility of licensing Healthcare providers both in personal qualifications and facility quality and operational requirements. Congress shall pass no law that overrides States Rights and Responsibilities on Healthcare or interfere with the States determination of reciprocity for Doctor’s qualifications.

Section 4. Congress or the States shall pass no law requiring the coverage of any Healthcare condition and shall retain the ability to enforce any contractual agreements between Healthcare Insurers and the People purchasing insurance.

Section 5. Congress shall retain the responsibility for setting Federal Standards on pharmaceuticals and Healthcare procedures. Congress shall make no law restricting the use of or restricting any pharmaceuticals made legal by the States for any reason and shall not tax pharmaceuticals on the Federal level in any way, shape, or from. The States shall have the only taxing authority over pharmaceuticals used outside of the intended Healthcare purpose.

Section 6. All legal challenges in the realm of misconduct, malpractice, or criminal activity shall be the responsibility of the loser of the challenge. Congress or the States shall make no law contrary to this requirement.

Section 7. All fees and costs for auditing, licensing, continued educational testing, and qualifications shall be the responsibility of the States,

Intent:

Section 1; Taxes collected via regulation, fees, or any other form just add to the cost burden to those that are insured. The Government should not have the right or ability to profit from the death or suffering of the citizens of the America or benefit from fees based on licensing or qualifications of healthcare providers.

There are three entities that exist; Healthcare Insurers, Healthcare Providers, and Healthcare Developers.

“Healthcare Insurers” are business that collect and pay for healthcare for the people that purchase insurance.

“Healthcare Providers” are businesses that deal with and provide healthcare to the People of America.

“Healthcare Developers” are business, Colleges, Pharmaceutical development and testing, and Hospitals that are involved with the invention, perfection, testing, qualification, and distribution of healthcare processes, articles, or drugs to the People of America.

Depreciation is used in the tax code as a way to prevent substantial investment in research and development of Healthcare articles such as new drugs, or cures for disease. Tax codes that force the investments to be spread over many years is only an effort to collect taxes from Healthcare Developers.

To prevent companies and businesses from abusing the definition of healthcare, a percent of activity in healthcare is provided to the States to define what is taxable regular business and healthcare business.

Section 2; All investments must be within America so that assets accumulated by Insurance companies for the purpose of being able to cover large costs due to natural disaster or foreign attack on the citizens of the America may require. And to protect insurance providers from losses due to fraud, embezzlement, or other criminal activity.

Healthcare Providers must be able to protect themselves from people that are a danger to the providers and the determination of what is danger must be in the hands of the providers and not subject to laws that would place laws above the loss of life. Race or Religion is a modern day requirement.

Healthcare Developers must have a way to test and verify that something works and have the ability to place on the market such products and procedures without fear of law suits and be able to protect themselves from needless actions through the court system. Misuse must be a viable defense.

Section 3; Healthcare must be a States Rights and Responsibility. Contractual agreements must work to protect the provider from the patient and much as protect the patient from the provider. The People must do the work of making sure that coverage they purchase does what it says and the Court system does not have the ability to add to contractual agreements for healthcare conditions that were not covered.

Section 4; Insurance providers must be required to cover what they say they will cover. The people that purchase insurance must be required to make sure that they are getting the coverage they want to pay for.

Section 5; The FDA still needs to exist as a way to protect and warn the People about pharmaceuticals and procedures that may be used and misused or interact with other pharmaceuticals. And the Federal Government must not be allowed to collect taxes that will later be used as a dependency for covering the expenses related to any other program that Congress may tie the taxes too.

Section 6; Loser Pays. This it to prevent needless frivolous law suits.

  1. Health Care Savings Accounts

    1. Owned by the individual, not by employer

    2. Money must be in a bank and a savings account and not held by investment groups

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