Bill Text: MN SF1933 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Health Care Compact
Spectrum: Partisan Bill (Republican 31-1)
Status: (Vetoed) 2012-04-30 - Veto message laid on table [SF1933 Detail]
Download: Minnesota-2011-SF1933-Engrossed.html
1.2relating to health care; creating a health care compact;proposing coding for new
1.3law as Minnesota Statutes, chapter 143.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [143.01] HEALTH CARE COMPACT.
1.6The Health Care Compact is entered into and enacted into law with all jurisdictions
1.7legally joining therein, in the form substantially as follows:
1.10As used in this compact, unless the context clearly indicates otherwise:
1.11(a) "Commission" means the Interstate Advisory Health Care Commission.
1.12(b) "Effective date" means the date upon which this compact shall become effective
1.13for purposes of the operation of state and federal law in a member state, which shall
1.14be the later of:
1.15(1) the date upon which this compact shall be adopted under the laws of the member
1.16state; and
1.17(2) the date upon which this compact receives the consent of the United States
1.18Congress pursuant to Article 1, Section 10, of the United States Constitution, after at
1.19least two member states adopt this compact.
1.20(c) "Health care" means care, services, supplies, or plans related to the health of an
1.21individual, and includes, but is not limited to:
1.22(1) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care
1.23and counseling, service, assessment, or procedure with respect to the physical or mental
2.1condition or functional status of an individual or that affects the structure or function of
2.2the body;
2.3(2) sale or dispensing of a drug, device, equipment, or other item in accordance
2.4with a prescription; and
2.5(3) an individual or group plan that provides or pays the cost of care, services, or
2.6supplies related to the health of an individual, except any care, services, supplies, or plans
2.7provided by the United States Department of Defense and the United States Department of
2.8Veterans Affairs, or provided to Native Americans.
2.9(d) "Member state" means a state that is signatory to this compact and has adopted it
2.10under the laws of that state.
2.11(e) "Member state base funding level" means a number equal to the total federal
2.12spending on health care in the member state during federal fiscal year 2010. On or before
2.13the effective date, each member state shall determine the member state base funding level
2.14for its state, and that number shall be binding upon that member state. The preliminary
2.15estimate of member state base funding level for the state of Minnesota is $13,348,000,000.
2.16(f) "Member state current year funding level" means the member state base funding
2.17level multiplied by the member state current year population adjustment factor multiplied
2.18by the current year inflation adjustment factor.
2.19(g) "Member state current year population adjustment factor" means the average
2.20population of the member state in the current year less the average population of the
2.21member state in federal fiscal year 2010, divided by the average population of the member
2.22state in federal fiscal year 2010, plus one. Average population in a member state shall be
2.23determined by the United States Census Bureau.
2.24(h) "Current year inflation adjustment factor" means the total gross domestic product
2.25deflator in the current year divided by the total gross domestic product deflator in federal
2.26fiscal year 2010. Total gross domestic product deflator shall be determined by the Bureau
2.27of Economic Analysis of the United States Department of Commerce.
2.30The member states shall take joint and separate action to secure the consent of
2.31the United States Congress to this compact in order to return the authority to regulate
2.32health care to the member states consistent with the goals and principles articulated in
2.33this compact. The member states shall improve health care policy within their respective
2.34jurisdictions and according to the judgment and discretion of each member state.
3.1The legislatures of the member states have the primary responsibility to regulate
3.2health care in their respective states.
3.5Each member state, within its state, may suspend by legislation the operation of all
3.6federal laws, rules, regulations, and orders regarding health care that are inconsistent
3.7with the laws and regulations adopted by the member state pursuant to this compact.
3.8Federal and state laws, rules, regulations, and orders regarding health care will remain
3.9in effect unless a member state expressly suspends them pursuant to its authority under
3.10this compact. For any federal law, rule, regulation, or order that remains in effect in
3.11a member state after the effective date, that member state shall be responsible for the
3.12associated funding obligations in its state.
3.15(a) For each federal fiscal year, each member state shall have the right to federal
3.16funds up to an amount equal to its member state current year funding level for that federal
3.17fiscal year, funded by the United States Congress as mandatory spending and not subject
3.18to annual appropriation, to support the exercise of member state authority under this
3.19compact. This funding shall not be conditional on any action of or regulation, policy, law,
3.20or rule being adopted by the member state.
3.21(b) By the start of each federal fiscal year, the United States Congress shall
3.22establish an initial member state current year funding level for each member state, based
3.23upon reasonable estimates. The final member state current year funding level shall be
3.24calculated, and funding shall be reconciled by the United States Congress, based upon
3.25information provided by each member state and audited by the United States Government
3.26Accountability Office.
3.29(a) The Interstate Advisory Health Care Commission is established. The commission
3.30consists of members appointed by each member state through a process to be determined
3.31by each member state. A member state may not appoint more than two members to the
3.32commission and may withdraw membership from the commission at any time. Each
3.33commission member is entitled to one vote. The commission shall not act unless a
3.34majority of the members are present, and no action shall be binding unless approved by a
3.35majority of the commission's total membership.
4.1(b) The commission may elect from among its membership a chairperson. The
4.2commission may adopt and publish bylaws and policies that are not inconsistent with this
4.3compact. The commission shall meet at least once a year, and may meet more frequently.
4.4(c) The commission may study issues of health care regulation that are of particular
4.5concern to the member states. The commission may make nonbinding recommendations
4.6to the member states. The legislatures of the member states may consider these
4.7recommendations in determining the appropriate health care policies in their respective
4.8states.
4.9(d) The commission shall collect information and data to assist the member states in
4.10their regulation of health care, including assessing the performance of various state health
4.11care programs and compiling information on the prices of health care. The commission
4.12shall make this information and data available to the legislatures of the member states.
4.13Notwithstanding any other provision in this compact, no member state shall disclose to the
4.14commission the health information of any individual, nor shall the commission disclose
4.15the health information of any individual.
4.16(e) The commission shall be funded by the member states as agreed to by the
4.17member states. The commission shall have the responsibilities and duties as may be
4.18conferred upon it by subsequent action of the respective legislatures of the member states
4.19in accordance with the terms of this compact.
4.20(f) The commission shall not take any action within a member state that contravenes
4.21any state law of that member state.
4.24This compact shall be effective on its adoption by at least two member states and
4.25consent of the United States Congress. This compact shall be effective unless the United
4.26States Congress, in consenting to this compact, alters the fundamental purposes of this
4.27compact, which are:
4.28(1) to secure the right of the member states to regulate health care in their respective
4.29states pursuant to this compact and to suspend the operation of any conflicting federal
4.30laws, rules, regulations, and orders within their states; and
4.31(2) to secure federal funding for member states that choose to invoke their authority
4.32under this compact, as prescribed by article 5.
4.35The member states, by unanimous agreement, may amend this compact from
4.36time to time without the prior consent or approval of the United States Congress, and
5.1any amendment shall be effective unless, within one year, the United States Congress
5.2disapproves that amendment. Any state may join this compact after the date on which
5.3the United States Congress consents to the compact by adoption into law under its state
5.4constitution.
5.7Nothing in this compact is intended to establish a framework for a health insurance
5.8exchange.
5.11Any member state may withdraw from this compact by adopting a law to that
5.12effect, but no such withdrawal shall take effect until six months after the governor of the
5.13withdrawing member state has given notice of the withdrawal to the other member states.
5.14A withdrawing state shall be liable for any obligations that it may have incurred prior to
5.15the date on which its withdrawal becomes effective. This compact shall be dissolved upon
5.16the withdrawal of all but one of the member states.
1.3law as Minnesota Statutes, chapter 143.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [143.01] HEALTH CARE COMPACT.
1.6The Health Care Compact is entered into and enacted into law with all jurisdictions
1.7legally joining therein, in the form substantially as follows:
1.10As used in this compact, unless the context clearly indicates otherwise:
1.11(a) "Commission" means the Interstate Advisory Health Care Commission.
1.12(b) "Effective date" means the date upon which this compact shall become effective
1.13for purposes of the operation of state and federal law in a member state, which shall
1.14be the later of:
1.15(1) the date upon which this compact shall be adopted under the laws of the member
1.16state; and
1.17(2) the date upon which this compact receives the consent of the United States
1.18Congress pursuant to Article 1, Section 10, of the United States Constitution, after at
1.19least two member states adopt this compact.
1.20(c) "Health care" means care, services, supplies, or plans related to the health of an
1.21individual, and includes, but is not limited to:
1.22(1) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care
1.23and counseling, service, assessment, or procedure with respect to the physical or mental
2.1condition or functional status of an individual or that affects the structure or function of
2.2the body;
2.3(2) sale or dispensing of a drug, device, equipment, or other item in accordance
2.4with a prescription; and
2.5(3) an individual or group plan that provides or pays the cost of care, services, or
2.6supplies related to the health of an individual, except any care, services, supplies, or plans
2.7provided by the United States Department of Defense and the United States Department of
2.8Veterans Affairs, or provided to Native Americans.
2.9(d) "Member state" means a state that is signatory to this compact and has adopted it
2.10under the laws of that state.
2.11(e) "Member state base funding level" means a number equal to the total federal
2.12spending on health care in the member state during federal fiscal year 2010. On or before
2.13the effective date, each member state shall determine the member state base funding level
2.14for its state, and that number shall be binding upon that member state. The preliminary
2.15estimate of member state base funding level for the state of Minnesota is $13,348,000,000.
2.16(f) "Member state current year funding level" means the member state base funding
2.17level multiplied by the member state current year population adjustment factor multiplied
2.18by the current year inflation adjustment factor.
2.19(g) "Member state current year population adjustment factor" means the average
2.20population of the member state in the current year less the average population of the
2.21member state in federal fiscal year 2010, divided by the average population of the member
2.22state in federal fiscal year 2010, plus one. Average population in a member state shall be
2.23determined by the United States Census Bureau.
2.24(h) "Current year inflation adjustment factor" means the total gross domestic product
2.25deflator in the current year divided by the total gross domestic product deflator in federal
2.26fiscal year 2010. Total gross domestic product deflator shall be determined by the Bureau
2.27of Economic Analysis of the United States Department of Commerce.
2.30The member states shall take joint and separate action to secure the consent of
2.31the United States Congress to this compact in order to return the authority to regulate
2.32health care to the member states consistent with the goals and principles articulated in
2.33this compact. The member states shall improve health care policy within their respective
2.34jurisdictions and according to the judgment and discretion of each member state.
3.1The legislatures of the member states have the primary responsibility to regulate
3.2health care in their respective states.
3.5Each member state, within its state, may suspend by legislation the operation of all
3.6federal laws, rules, regulations, and orders regarding health care that are inconsistent
3.7with the laws and regulations adopted by the member state pursuant to this compact.
3.8Federal and state laws, rules, regulations, and orders regarding health care will remain
3.9in effect unless a member state expressly suspends them pursuant to its authority under
3.10this compact. For any federal law, rule, regulation, or order that remains in effect in
3.11a member state after the effective date, that member state shall be responsible for the
3.12associated funding obligations in its state.
3.15(a) For each federal fiscal year, each member state shall have the right to federal
3.16funds up to an amount equal to its member state current year funding level for that federal
3.17fiscal year, funded by the United States Congress as mandatory spending and not subject
3.18to annual appropriation, to support the exercise of member state authority under this
3.19compact. This funding shall not be conditional on any action of or regulation, policy, law,
3.20or rule being adopted by the member state.
3.21(b) By the start of each federal fiscal year, the United States Congress shall
3.22establish an initial member state current year funding level for each member state, based
3.23upon reasonable estimates. The final member state current year funding level shall be
3.24calculated, and funding shall be reconciled by the United States Congress, based upon
3.25information provided by each member state and audited by the United States Government
3.26Accountability Office.
3.29(a) The Interstate Advisory Health Care Commission is established. The commission
3.30consists of members appointed by each member state through a process to be determined
3.31by each member state. A member state may not appoint more than two members to the
3.32commission and may withdraw membership from the commission at any time. Each
3.33commission member is entitled to one vote. The commission shall not act unless a
3.34majority of the members are present, and no action shall be binding unless approved by a
3.35majority of the commission's total membership.
4.1(b) The commission may elect from among its membership a chairperson. The
4.2commission may adopt and publish bylaws and policies that are not inconsistent with this
4.3compact. The commission shall meet at least once a year, and may meet more frequently.
4.4(c) The commission may study issues of health care regulation that are of particular
4.5concern to the member states. The commission may make nonbinding recommendations
4.6to the member states. The legislatures of the member states may consider these
4.7recommendations in determining the appropriate health care policies in their respective
4.8states.
4.9(d) The commission shall collect information and data to assist the member states in
4.10their regulation of health care, including assessing the performance of various state health
4.11care programs and compiling information on the prices of health care. The commission
4.12shall make this information and data available to the legislatures of the member states.
4.13Notwithstanding any other provision in this compact, no member state shall disclose to the
4.14commission the health information of any individual, nor shall the commission disclose
4.15the health information of any individual.
4.16(e) The commission shall be funded by the member states as agreed to by the
4.17member states. The commission shall have the responsibilities and duties as may be
4.18conferred upon it by subsequent action of the respective legislatures of the member states
4.19in accordance with the terms of this compact.
4.20(f) The commission shall not take any action within a member state that contravenes
4.21any state law of that member state.
4.24This compact shall be effective on its adoption by at least two member states and
4.25consent of the United States Congress. This compact shall be effective unless the United
4.26States Congress, in consenting to this compact, alters the fundamental purposes of this
4.27compact, which are:
4.28(1) to secure the right of the member states to regulate health care in their respective
4.29states pursuant to this compact and to suspend the operation of any conflicting federal
4.30laws, rules, regulations, and orders within their states; and
4.31(2) to secure federal funding for member states that choose to invoke their authority
4.32under this compact, as prescribed by article 5.
4.35The member states, by unanimous agreement, may amend this compact from
4.36time to time without the prior consent or approval of the United States Congress, and
5.1any amendment shall be effective unless, within one year, the United States Congress
5.2disapproves that amendment. Any state may join this compact after the date on which
5.3the United States Congress consents to the compact by adoption into law under its state
5.4constitution.
5.7Nothing in this compact is intended to establish a framework for a health insurance
5.8exchange.
5.11Any member state may withdraw from this compact by adopting a law to that
5.12effect, but no such withdrawal shall take effect until six months after the governor of the
5.13withdrawing member state has given notice of the withdrawal to the other member states.
5.14A withdrawing state shall be liable for any obligations that it may have incurred prior to
5.15the date on which its withdrawal becomes effective. This compact shall be dissolved upon
5.16the withdrawal of all but one of the member states.
