Bill Text: FL S1828 | 2012 | Regular Session | Introduced
Bill Title: Health Care Compact
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-09 - Died in Health Regulation [S1828 Detail]
Download: Florida-2012-S1828-Introduced.html
Florida Senate - 2012 SB 1828 By Senator Wise 5-01132-12 20121828__ 1 A bill to be entitled 2 An act relating to the Health Care Compact; providing 3 definitions; requiring member states of the compact to 4 take action to secure the consent of Congress for the 5 compact; asserting that member states of the compact 6 have the primary responsibility to regulate health 7 care in their respective states; authorizing member 8 states to suspend the operation of federal laws and 9 orders regarding health care; asserting the rights of 10 member states to a certain amount of federal moneys; 11 creating the Interstate Advisory Health Care 12 Commission; specifying the membership and 13 responsibilities of the commission; requiring 14 congressional consent to the compact before it may 15 take effect; authorizing member states to amend the 16 compact under certain circumstances; authorizing 17 member states to withdraw from the compact; providing 18 an effective date. 19 20 WEREAS, the separation of powers, both between the branches 21 of the Federal Government and between federal and state 22 authorities, is essential to the preservation of individual 23 liberty, and 24 WHEREAS, the United States Constitution creates a Federal 25 Government of limited and enumerated powers, and reserves to the 26 states or to the people those powers not granted to the Federal 27 Government, and 28 WHEREAS, the Federal Government has enacted many laws that 29 have preempted state laws with respect to health care, and 30 placed increasing strain on state budgets, impairing other 31 responsibilities such as education, infrastructure, and public 32 safety, and 33 WHEREAS, the member states seek to protect individual 34 liberty and personal control over health care decisions, and 35 believe the best method to achieve these ends is by vesting 36 regulatory authority over health care in the states, and 37 WHEREAS, by acting in concert, the member states may 38 express and inspire confidence in the ability of each member 39 state to govern health care effectively, and 40 WHEREAS, the member states recognize that consent of 41 Congress may be more easily secured if the member states 42 collectively seek consent through an interstate compact, NOW, 43 THEREFORE, 44 45 Be It Enacted by the Legislature of the State of Florida: 46 47 Section 1. The Health Care Compact.— 48 (1) DEFINITIONS.—As used in this compact, unless the 49 context clearly indicates otherwise, the term: 50 (a) “Commission” means the Interstate Advisory Health Care 51 Commission. 52 (b) “Effective date” means the date upon which this compact 53 takes effect for purposes of the operation of state and federal 54 law in a member state, which shall be the later of the date upon 55 which this compact: 56 1. Is adopted under the laws of the member state; and 57 2. Receives the consent of Congress pursuant to s. 10, Art. 58 I of the United States Constitution and after at least two 59 member states adopt this compact. 60 (c) “Health care” means care, services, supplies, or plans 61 related to the health of an individual and includes, but is not 62 limited to: 63 1. Preventive, diagnostic, therapeutic, rehabilitative, 64 maintenance, or palliative care and counseling services, 65 assessments, or procedures with respect to the physical or 66 mental condition or functional status of an individual or 67 affecting the structure or function of the body; 68 2. Selling or dispensing a drug, device, equipment, or 69 other item pursuant to a prescription; and 70 3. An individual or group plan that provides, or pays the 71 cost of, care, services, or supplies related to the health of an 72 individual, except for any care, services, supplies, or plans 73 provided by the United States Department of Defense and United 74 States Department of Veterans Affairs or provided to Native 75 Americans. 76 (d) “Member state” means a state that is signatory to this 77 compact and has adopted it under the laws of that state. 78 (e) “Member state base funding level” means a number equal 79 to the total federal spending on health care in the member state 80 during the 2010 federal fiscal year. On or before the effective 81 date, each member state shall determine the member state base 82 funding level for its state, and that number is binding on that 83 member state. The preliminary estimate of member state base 84 funding level for the State of Florida is ....... 85 (f) “Member state current year funding level” means the 86 member state base funding level multiplied by the member state 87 current year population adjustment factor multiplied by the 88 current year inflation adjustment factor. 89 (g) “Member state current year population adjustment 90 factor” means the average population of the member state in the 91 current year less the average population of the member state in 92 the 2010 federal fiscal year, divided by the average population 93 of the member state in the 2010 federal fiscal year, plus 1. The 94 average population in a member state shall be determined by the 95 United States Census Bureau. 96 (h) “Current year inflation adjustment factor” means the 97 total gross domestic product deflator in the current year 98 divided by the total gross domestic product deflator in the 2010 99 federal fiscal year. The total gross domestic product deflator 100 shall be determined by the Bureau of Economic Analysis of the 101 United States Department of Commerce. 102 (2) PLEDGE.—The member states shall take joint and separate 103 action to secure the consent of Congress to this compact in 104 order to return the authority to regulate health care to the 105 member states consistent with the goals and principles 106 articulated in this compact. The member states shall improve 107 health care policy within their respective jurisdictions and 108 according to the judgment and discretion of each member state. 109 (3) LEGISLATIVE POWER.—The legislatures of the member 110 states have the primary responsibility to regulate health care 111 in their respective states. 112 (4) STATE CONTROL.—Each member state, within its state, may 113 suspend by legislation the operation of all federal laws, rules, 114 regulations, and orders regarding health care which are 115 inconsistent with the laws and regulations adopted by the member 116 state pursuant to this compact. Federal and state laws, rules, 117 regulations, and orders regarding health care shall remain in 118 effect unless a member state expressly suspends them pursuant to 119 its authority under this compact. If a federal law, rule, 120 regulation, or order remains in effect in a member state after 121 the effective date, that member state is responsible for the 122 associated funding obligations in its state. 123 (5) FUNDING.— 124 (a) Each federal fiscal year, each member state is entitled 125 to federal moneys up to an amount equal to its member state 126 current year funding level for that federal fiscal year, funded 127 by Congress as mandatory spending and not subject to annual 128 appropriation, to support the exercise of member state authority 129 under this compact. This funding may not be conditional on any 130 action of or regulation, policy, law, or rule being adopted by 131 the member state. 132 (b) By the start of each federal fiscal year, Congress 133 shall establish an initial member state current year funding 134 level for each member state, based upon reasonable estimates. 135 The final member state current year funding level shall be 136 calculated, and funding shall be reconciled by Congress based 137 upon information provided by each member state and audited by 138 the United States Government Accountability Office. 139 (6) INTERSTATE ADVISORY HEALTH CARE COMMISSION.— 140 (a) The Interstate Advisory Health Care Commission is 141 established. The commission consists of members appointed by 142 each member state through a process to be determined by each 143 member state. A member state may not appoint more than two 144 members to the commission and may withdraw from membership in 145 the commission at any time. Each commission member is entitled 146 to one vote. The commission may not act unless a majority of the 147 members are present, and no action is binding unless the action 148 is approved by a majority of the commission’s total membership. 149 (b) The commission may elect from among its membership a 150 chairperson. The commission may adopt and publish bylaws and 151 policies that are not inconsistent with this compact. The 152 commission shall meet at least once a year, and may meet more 153 frequently. 154 (c) The commission may study issues of health care 155 regulation that are of particular concern to the member states. 156 The commission may make nonbinding recommendations to the member 157 states. The legislatures of the member states may consider these 158 recommendations in determining the appropriate health care 159 policies in their respective states. 160 (d) The commission shall collect information and data to 161 assist the member states in their regulation of health care, 162 including assessing the performance of various state health care 163 programs and compiling information on the prices of health care. 164 The commission shall make this information and data available to 165 the legislatures of the member states. 166 (e) Notwithstanding any other provision in this compact, a 167 member state may not disclose to the commission the health 168 information of any individual. 169 (f) The commission shall be funded by the member states as 170 agreed to by the member states. The commission shall have the 171 responsibilities and duties as may be conferred upon it by 172 subsequent action of the respective legislatures of the member 173 states pursuant to the terms of this compact. 174 (g) The commission may not take any action within a member 175 state which contravenes any state law of that member state. 176 (7) CONGRESSIONAL CONSENT.—This compact takes effect upon 177 its adoption by at least two member states and with the consent 178 of Congress. This compact is effective unless the Congress, in 179 consenting to this compact, alters the fundamental purposes of 180 this compact, which are to: 181 (a) Secure the right of the member states to regulate 182 health care in their respective states pursuant to this compact 183 and to suspend the operation of any conflicting federal laws, 184 rules, regulations, and orders within their states; and 185 (b) Secure federal funding for member states that choose to 186 invoke their authority under this compact, as prescribed by 187 subsection (5). 188 (8) AMENDMENTS.—The member states, by unanimous agreement, 189 may amend this compact from time to time without the prior 190 consent or approval of Congress and any amendment is effective 191 unless, within 1 year, the Congress disapproves that amendment. 192 After the date that Congress consents to this compact, any state 193 may join the compact by adopting the compact into law under its 194 State Constitution. 195 (9) WITHDRAWAL; DISSOLUTION.—Any member state may withdraw 196 from this compact by adopting a law to that effect, but the 197 withdrawal may not take effect until 6 months after the Governor 198 of the withdrawing member state has given notice of the 199 withdrawal to the other member states. A withdrawing member 200 state is liable for any obligations that it may have incurred 201 before the date on which its withdrawal becomes effective. This 202 compact is dissolved upon the withdrawal of all but one of the 203 member states. 204 Section 2. This act shall take effect July 1, 2012.