Bill Text: AZ HB2688 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Health care compact; funding.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2011-02-10 - Referred to House BI Committee [HB2688 Detail]
Download: Arizona-2011-HB2688-Introduced.html
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REFERENCE TITLE: health care compact; funding. |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2688 |
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Introduced by Representatives Brophy McGee, Ash, Carter, Jones: Fann, Goodale, Olson, Robson, Stevens
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AN ACT
Amending Title 36, Arizona Revised Statutes, by adding chapter 38; relating to a health care compact.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, Arizona Revised Statutes, is amended by adding chapter 38, to read:
CHAPTER 38
HEALTH CARE COMPACT
ARTICLE 1. HEALTH CARE COMPACT
36-3801. Adoption of compact; text of compact
The governor is authorized and directed to enter into a compact on behalf of this state with any of the United States lawfully joined in the compact in a form substantially as follows:
Article I
Findings and declaration of policy
A. The separation of powers between the branches of the federal government and between federal and state authority is essential to the preservation of individual liberty.
B. The constitution creates a federal government of limited and enumerated powers and reserves to the states or to the people those powers not granted to the federal government.
C. The federal government has enacted many laws that have preempted state laws with respect to health care, even though health care regulation is properly within the authority and responsibility of the states.
D. The member states seek to increase individual liberty and control over personal health care decisions and believe the best method to secure that control is by vesting regulatory authority over health care in the states.
E. By acting in concert, the member states may express and inspire confidence in the ability of each member state to effectively govern health care.
F. The member states recognize that consent of the United States congress may be more easily secured if member states collectively seek consent through an interstate compact.
Article II
Definitions
As used in this compact, unless the context clearly indicates otherwise:
1. "Commission" means the interstate advisory health care commission.
2. "Health care" has the same meaning prescribed in 45 Federal code of regulations section 160.103, except for health care services provided by the United States department of defense and The United States department of veterans affairs.
3. "Member state" means a state that has adopted this compact.
Article III
Pledge
The member states shall take joint and separate action to secure the consent of the United States congress to this compact in order to return the authority to regulate health care to the member states consistent with the goals and principles articulated in this compact. The member states shall improve health care policy within their respective jurisdictions and according to the judgment and discretion of each member state.
Article IV
Legislative power
The legislatures of the member states have the primary responsibility to regulate health care in their respective states.
Article V
State control
By consent to this compact, the United States congress agrees that each member state shall have the authority to enact state laws that supersede any federal regulations within the member state in the area of health care. Federal and state law will remain in effect unless a member state expressly invokes its authority under this compact.
Article VI
Funding
A. Each member state shall have the right to federal monies appropriated as mandatory spending by the United states congress, consistent with the formula prescribed in subsection B, to support the exercise of member state authority under this compact. This funding shall not be conditioned on any action of or regulation, policy, law or rule being adopted by the member state.
B. Each year the amount a member state receives shall be calculated by taking the federal health care expenditures on health care in the member state during federal fiscal year 2009‑2010 and adjusting for changes in population and inflation according to the following formula:
Fs,t = Fs,2010*(1+(Ps,t-Ps,2010)/P2010)*Gt/G2010
C. For the purposes of subsection B:
1. "Fs,t" means total federal health care funding in state s during year t.
2. "Ps,t" means the average population of state s during year t as determined by the United States census bureau.
3. "Gt" means the total gross domestic product deflator in year t as determined by the national bureau of economic research.
D. The United sTates congress shall establish for each member state a preliminary funding level based on estimates with final funding levels calculated and reconciled based on reports provided by each member state and audited by the general accounting office.
Article VII
Interstate advisory health care commission
A. The interstate advisory health care commission is established. The commission consists of members appointed by each member state through a process to be determined by each member state. A member state may not appoint more than two members to the commission and may withdraw membership from the commission at any time. Each commission member is entitled to one vote. The commission shall not act unless a majority of the members are present and no action shall be binding unless approved by a majority of the commission's total membership.
B. The commission may elect from among its membership a chairperson. The commission may adopt and publish bylaws and policies that are not inconsistent with this compact. The commission shall meet at least once a year and may meet more frequently.
C. The commission may study issues of health care regulation that are of particular concern to the member states. The commission may make nonbinding recommendations to the member states. The legislatures of the member states may consider these recommendations in determining the appropriate health care policies in their respective states.
D. The commission shall collect information and data to assist the member states in their regulation of health care including assessing the performance of various state health care programs and compiling information on the cost of health care. The commission shall make this information and data available to the legislatures of the member states.
E. The commission shall be funded by the member states as agreed to by the member states. The commission shall have the responsibilities and duties as may be conferred on it by subsequent action of the legislatures of the member states consistent with the terms of this compact.
Article VIII
Congressional consent and entry into effect
A. This compact shall be effective on its adoption by the member states and consent of the United states congress. This compact shall be effective unless the United States congress, in consenting to this compact, alters the fundamental purposes of this compact, which are:
1. To secure the right of the member states to regulate health care in their respective states and to supersede any conflicting federal law within their states.
2. To secure federal funding for member states that choose to invoke their authority under this compact pursuant to the mandatory spending formula prescribed by article VI.
B. Incorporating the funding formula under Article VI into the text of this compact does not prevent this compact from becoming effective and operational between the member states.
Article IX
Amendments
This compact may be amended by agreement of the member states and adoption of the agreement into the laws of the member states. By consenting to this compact, the United states congress also consents to any amendments that directly or indirectly impact the regulation of health care in the member states. For all other amendments, further consent of the United States congress is expressly required.
Article X
Withdrawal and dissolution
A member state may withdraw from this compact by adopting a law to that effect. This compact is dissolved on the withdrawal of all but one of the member states.
