[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 439 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 439

    To provide for an earlier start for State health care coverage 
  innovation waivers under the Patient Protection and Affordable Care 
                      Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 2011

  Mr. Welch introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   Ways and Means, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To provide for an earlier start for State health care coverage 
  innovation waivers under the Patient Protection and Affordable Care 
                      Act, and for other purposes.

    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 ``State Leadership in Health Care 
Act''.

SEC. 2. EARLIER START FOR STATE HEALTH CARE COVERAGE INNOVATION 
              WAIVERS.

    (a) In General.--Section 1332 of the Patient Protection and 
Affordable Care Act (42 U.S.C. 18052) is amended--
            (1) in subsection (a)(1), by striking ``January 1, 2017'' 
        and inserting ``January 1, 2014''; and
            (2) by amending subsection (e) to read as follows:
    ``(e) Term of Waiver.--
            ``(1) In general.--No waiver under this section may extend 
        over a period of more than 5 years unless the State requests 
        continuation of such waiver and such request is granted by the 
        Secretary under paragraph (2).
            ``(2) Approval of request.--
                    ``(A) In general.--A request under paragraph (1) 
                shall be deemed granted unless the Secretary, not later 
                than 90 days after the date of submission to the 
                Secretary of such request, either denies such request 
                in writing or informs the State in writing with respect 
                to any additional information that is needed in order 
                to make a final determination with respect to the 
                request.
                    ``(B) Denial of request.--The Secretary may deny 
                such a request only if the Secretary--
                            ``(i) determines that the State plan under 
                        the waiver to be continued did not meet the 
                        requirements under subsection (b);
                            ``(ii) notifies the State in writing of the 
                        requirements under subsection (b) that the 
                        State plan did not meet and provides to the 
                        State the information used by the Secretary in 
                        making that determination; and
                            ``(iii) provides the State with an 
                        opportunity to appeal such determination and 
                        provide information as to how such requirements 
                        were met.
                    ``(C) Reconsideration of request.--In the case of 
                an appeal described in subparagraph (B)(iii), the 
                Secretary shall consider any information provided under 
                such clause and reconsider the determination made under 
                subparagraph (B)(i), and shall issue a written decision 
                on such appeal not later than 60 days after the date on 
                which the Secretary receives notice of such appeal. The 
                Secretary shall grant the request if the Secretary 
                determines upon reconsideration that the State plan 
                meets such requirements.''.
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