I 112th CONGRESS 1st Session H. R. 118 IN THE HOUSE OF REPRESENTATIVES January 5, 2011 Mr. Fleming introduced the following bill; which was referred to the Committee on Energy and Commerce 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.

1.

Short title

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

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)..