STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

HOUSE BILL 2421	By:	Ritze

AS INTRODUCED

An Act relating to insurance; prohibiting state from aiding in the enforcement of certain federal act; permitting Attorney General to bring certain action; requiring certain notice; permitting certain tax deduction by residents; prohibiting state from establishing a health care exchange; prohibiting state from participating in health care exchange established by nonprofit organization; prohibiting state from receiving certain grants; declaring certain insurance contract as void and unenforceable; prohibiting state from participating in certain in-home visitation program pursuant to certain act; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 4604 of Title 36, unless there is created a duplication in numbering, reads as follows:
A.  No agency of the state, officer or employee of this state, acting on behalf of the state, may engage in an activity that aids any agency in the enforcement of those provisions of the Patient Protection and Affordable Care Act of 2010 and any subsequent federal act that amends the Patient Protection and Affordable Care Act of 2010 that exceed the authority of the United States Constitution.
B.  The Legislature of the State of Oklahoma is empowered to take all necessary actions to ensure that the provisions of subsection A of this section are adhered to by all agencies, departments and political subdivisions of this state.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 4605 of Title 36, unless there is created a duplication in numbering, reads as follows:
Whenever the Attorney General of Oklahoma has reasonable cause to believe that a person or business is being harmed by implementation of the Patient Protection and Affordable Care Act and that proceedings would be in the public interest, the Attorney General of Oklahoma may bring an action in the name of the state against such person or entity causing the harm to restrain by temporary restraining order, temporary injunction, or permanent injunction the use of such methods, act, or practice.  Unless the Attorney General of Oklahoma determines in writing that the purposes of this section will be substantially impaired by delay in instituting legal proceedings, the Attorney General of Oklahoma shall, at least three (3) days before instituting a legal proceeding as provided in this section, give notice to the person or entity against whom the proceeding is contemplated and give such person or entity an opportunity to present reasons to the Attorney General of Oklahoma why a proceeding should not be instituted.  The action may be brought in a court of competent jurisdiction.  Whenever the court issues a permanent injunction in connection with an action, which has become final, the court shall award reasonable costs to the state.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 4606 of Title 36, unless there is created a duplication in numbering, reads as follows:
An Oklahoma resident taxpayer who is subjected to a tax by the Internal Revenue Code under 26 U.S.C., Section 5000A of the Patient Protection and Affordable Care Act shall receive a tax deduction in the exact amount of the taxes or penalty paid the federal government pursuant to 26 U.S.C., Section 5000A.  The tax deduction allowed by this section must be used in the year the federal tax or penalty is paid.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 4607 of Title 36, unless there is created a duplication in numbering, reads as follows:
A.  For purposes of this section, "health care exchange" means an American Health Benefit Exchange established by any state or political subdivision of a state, as provided for in the Patient Protection and Affordable Care Act of 2010.
B.  Neither the state nor a political subdivision including, but not limited to, counties, municipalities, or special purpose districts of the state may establish a health care exchange for the purchase of health insurance.
C.  Neither the state nor a political subdivision including, but not limited to, counties, municipalities, or special purpose districts of the state may establish a health care exchange established by a nonprofit organization.
D.  The Patient Protection and Affordable Care Act of 2010 provides numerous grants to the states for the implementation thereof, including:
1.  Grants to the states for affordable choices of health benefit plans, Section 1311 (42 U.S.C., Section 18031);
2.  Grants to the states for reinsurance for early retirees, Section 1102 (42 U.S.C., Section 18002);
3.  Grants to the states under preexisting condition insurance plan, Section 1101 (42 U.S.C., Section 18001);
4.  Grants to the states to enable them (or exchanges) to establish, expand or provide support for:
a.	offices of health insurance consumer assistance, and
b.	health insurance ombudsman programs,
Section 2793 (42 U.S.C., Section 300gg-93);
5.  Grants to the states to promote universal access to trauma care services, Section 1281, (42 U.S.C., Section 300d-81);
6.  Grants to the states to promote awareness of health improvement across the life span, Section 4004 (42 U.S.C., Section 300u-12);
7.  Grants to the states to carry out initiatives to provide incentives to Medicaid beneficiaries to reduce or prevent chronic diseases, Section 4108 (42 U.S.C., Section 1396a);
8.  Community Transformation Grants, Section 4201 (42 U.S.C., Section 300u-13); 
9.  Grants to the states to carry out five-year pilot programs to provide public health community interventions, screenings, and clinical referrals for individuals fifty-five (55) to sixty-four (64) years of age, Section 4202 (42 U.S.C., Section 300u-14);
10.  Grants to the states for immunizations for adults, Section 4204 (42 U.S.C., Section 274b);
11.  Grants to the state health departments to assist in improving surveillance for, and response to, infectious diseases and other conditions of public health, Section 2821 (42 U.S.C., Section 300hh-31);
12.  Grants to the states for health care workforce development, Section 5102 (42 U.S.C., Section 294r);
13.  Grants to the states for primary care extension, Section 5405 (42 U.S.C., Section 280g-12);
14.  Grants to the states for elder justice, Section 2031 (42 U.S.C., Section 1397);
15.  Grants to the states for establishment of Pregnancy Assistance Fund, Section 10212 (42 U.S.C., Section 18202);
16.  Grants to the states for demonstration projects to evaluate alternatives to current medical tort litigation, Section 10607 (42 U.S.C., Section 280g-15);
17.  Grants to the states for trauma care centers and service availability, Section 3505 (42 U.S.C., Section 300d-4) and Section 1281 (42 U.S.C., Section 300d-81);
18.  Grants (loans) to the states to assist in establishment of co-ops, Section 1322 (42 U.S.C., Section 18042);
19.  Grants to the states for regionalized systems for emergency care response, Section 1204 (42 U.S.C., Section 300d-6);
20.  Grants or contracts to the states to implement medication management services in treatment of chronic diseases, Section 3503 at 935 (42 U.S.C., Section 299b-35);
21.  Grants to the states for maternal and child health services, Section 2951 (42 U.S.C., Section 711);
22.  Grants to the states for support, education and research for postpartum depression, Section 2952 (42 U.S.C., Section 712);
23.  Grants to the states for extension of and revisions to Medicare Rural Hospital Flexibility Program, Section 3129 (42 U.S.C., Section 1395i-4(j));
24.  Grants to the states for outreach, and assistance for low-income programs, additional funding for state health insurance programs, Section 3306 (42 U.S.C., Section 1395w-23(f));
25.  Grants to the states for quality improvement, technical assistance and implementation, Section 3501 at 934 (42 U.S.C., Section 299b-34);
26.  Grants to the states to establish community health teams to support the patient-centered medical home, Section 3502 (42 U.S.C., Section 256a-1);
27.  Grants to the states to expand state aging and disability resource centers, Section 2405 (42 U.S.C., Section 3012(a)(20)(B)(iii) and Section 202(b)(8));
28.  Grants to the states for abstinence education, Section 2954 (42 U.S.C., Section 710);
29.  Grants to states and others for the development of school-based clinics, Section 4101 (42 U.S.C., Section 280H-4);
30.  Grants to the states for childhood obesity demonstration project, Section 4306 (42 U.S.C., Section 1320b-9a(e)(8));
31.  Grants to the states for National Health Service Corps, Section 5207 (42 U.S.C., Section 254q(a), and Section 338H(a));
32.  Grants to the states to offer home and community-based services as a long-term care alternative to nursing homes, Section 10202 (42 U.S.C., Section 1396d);
33.  Grants to the states for CHIP through fiscal year 2015 and other CHIP-related projects, Section 10203 (42 U.S.C., Section 1396(e));
34.  Grants to the states and others for mental and behavioral health education and training, Section 5306 (42 U.S.C., Section 294e-1);
35.  Revision to the Medicare Improvement Fund, Section 3112 (42 U.S.C., Section 1395iii, and Section 1898(b)(1)(A));
36.  Grants to the states for prevention and public health, Section 4002 (42 U.S.C., Section 300u-11);
37.  Grants to the states from federally supported student loan funds, Section 5201 (4201 U.S.C., Section 292s);
38.  Grants to the states for community health centers and National Health Service Corps, Section 10503 (42 U.S.C., Section 254b-2);
39.  Grants to the states for purposes of pilot projects for expanding, providing and paying for health care under Medicaid, Section 10201 (42.U.S.C., Section 1396).
E.  Neither the state nor any political subdivision thereof, including, but not limited to, counties, municipalities, nongovernmental and nonprofit organizations or special purpose districts of the state, shall apply for or receive any grants from any federal agency, nor perform any acts or functions, for purposes of the provisions of the Patient Protection and Affordable Care Act of 2010 set forth in subsection D of this section.
F.  A health insurance contract purchased or established in violation of this section is void and shall not be enforced by the courts of this state.
SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 4608 of Title 36, unless there is created a duplication in numbering, reads as follows:
No agency, department, or other state entity, including but not limited to the State Department of Health, may authorize an employee, contractor, vendor, or any other person acting on its behalf to conduct or participate in an involuntary maternal, infant, and early childhood in-home visitation pursuant to Section 2951 of the Patient Protection and Affordable Care Act of 2010 and any subsequent federal act that amends that section or that may refer to an entity or a process established pursuant to the Patient Protection and Affordable Care Act of 2010.
SECTION 6.  This act shall become effective November 1, 2014.

54-2-8526	AM	01/06/14