Enacts new Article 49A to GS Chapter 58, entitled the North Carolina Health Care Protection Act. New GS 58-49A-1(a) prohibits a law or rule from (1) compelling a person to provide for health care services or medical treatment for that person, or compelling a person to contract with, or enroll in, a public or private health care system or health insurance plan; (2) interfering with a person’s right to pay directly for lawful health care services or medical treatment to preserve or enhance that person’s life or health; or (3) imposing a penalty, tax, fee, or fine on a person for providing for, or failing to provide for, health care services or medical treatment for that person, or for contracting with, or enrolling in, or failing to contract with or enroll in, a public or private health care system or health insurance plan. Provides that health care services or medical treatments do not include drug testing, drug screening, or communicable disease controls. Also provides that the subsection does not apply to persons in custody of the Department of Correction or a local confinement facility, or to persons who have not completed all sentence requirements imposed as a result of a criminal conviction, including, but not limited to, probation, parole, or post-release supervision.
New GS 58-49A-1(b) provides that the statute will not expand, limit, or modify the following: (1) the common law doctrine of necessaries, or any duty a person owes to a spouse or dependent concerning health care services or medical treatment; (2) any law regarding the legality of health care services or medical treatments in NC or any law regarding the parties authorized to provide those services; (3) any right or duty of a health care agent related to a duly executed health care power of attorney; (4) any law regarding the right or duty of a parent or guardian in the determination or provision of health care services or medical treatment for a minor; (5) any law regarding newborn screenings for metabolic or other heredity and congenital disorders; (6) any law regarding health care services or medical treatment ordered under the Workers’ Compensation Act; (7) any law regarding health care services or medical treatment related to involuntary commitments for mental illness or substance abuse; (8) any law relating to the taking of DNA or other bodily fluid upon arrest; or (9) any law requiring the provision of health insurance to employees as a condition of state economic incentives receipt.
New GS 58-49A-1(c) provides a private right of action to an individual aggrieved by a violation of the statute. Directs the Attorney General to bring or defend a state or federal action or proceeding on behalf of NC residents, if necessary to enforce the statute.