[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5425 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5425

  To amend the Patient Protection and Affordable Care Act to permit a 
  State to elect not to establish an American Health Benefit Exchange.


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                    IN THE HOUSE OF REPRESENTATIVES

                              May 27, 2010

 Mr. Fleming introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

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                                 A BILL


 
  To amend the Patient Protection and Affordable Care Act to permit a 
  State to elect not to establish an American Health Benefit Exchange.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop the Federal Exchanges from 
Destroying States Act'' or the ``STOP the FEDS Act''.

SEC. 2. STATE OPT OUT FROM AMERICAN HEALTH BENEFIT EXCHANGE 
              REQUIREMENT.

    (a) In General.--Section 1311 of the Patient Protection and 
Affordable Care Act (Public Law 111-148) is amended by adding at the 
end the following new subsection:
    ``(l) State Opt Out.--
            ``(1) In general.--A State may elect not to establish any 
        required Exchange for the State (or to cease the operation of 
        all required Exchanges for the State) if the State enacts a law 
        that provides for such election.
            ``(2) Termination of opt out.--A State may repeal a law 
        described in paragraph (1) and provide for the establishment of 
        an Exchange for the State.''.
    (b) Conforming Amendments.--
            (1) Section 1311(b)(1) of the Patient Protection and 
        Affordable Care Act is amended by striking ``Each State'' and 
        inserting ``Subject to subsection (l), each State''.
            (2) Section 1321(c) of such Act is amended by adding at the 
        end the following sentence: ``The preceding sentence shall not 
        apply to a State that has in effect a law described in section 
        1311(l).''.
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