[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 782 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 782

   To enable States to opt out of certain provisions of the Patient 
                  Protection and Affordable Care Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2011

 Mr. McCotter (for himself, Mr. Bishop of Utah, Mr. Broun of Georgia, 
Mr. Tipton, Mr. Guthrie, Mr. Tiberi, Mr. Paul, Mr. Flake, Mr. Miller of 
Florida, Mr. Long, Mr. Young of Alaska, Mr. Kinzinger of Illinois, Mr. 
 Franks of Arizona, Mr. Walberg, Mr. Fleming, Mr. Gingrey of Georgia, 
Mr. Posey, Mr. Pence, Mr. Sullivan, Mr. Rooney, Mr. Yoder, Mr. Bilbray, 
 and Mr. Lamborn) 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 enable States to opt out of certain provisions of the Patient 
                  Protection and Affordable Care Act.

    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 Health Care Flexibility Act of 
2011''.

SEC. 2. SEVERABILITY.

    If any provision of this Act, or any application of such provision 
to any person or circumstance, is held to be unconstitutional, the 
remainder of the provisions of this Act and the application of the 
provision to any other person not similarly situated or to any other 
circumstance shall not be affected.

SEC. 3. PERMITTING STATES TO OPT OUT OF CERTAIN PROVISIONS OF PPACA.

    (a) In General.--A qualifying State may elect to opt out of the 
application of any or all of the provisions of the Patient Protection 
and Affordable Care Act (Public Law 111-148) described in subsection 
(b) with respect to health insurance coverage within such State.
    (b) Provisions Described.--For purposes of this Act:
            (1) In general.--A provision of the Patient Protection and 
        Affordable Care Act described in this subsection is any section 
        of such Act described in paragraph (2) or any grouping of 
        provisions of such Act described in a subparagraph of paragraph 
        (3).
            (2) Sections relating to phsa health insurance market 
        reforms and immediate reforms.--A section described in this 
        paragraph is any section of subtitles A through C of title I of 
        the Patient Protection and Affordable Care Act (and the 
        amendments made by such section), except for sections 1253 and 
        1254.
            (3) Groupings of other ppaca provisions.--A grouping of 
        provisions of the Patient Protection and Affordable Care Act is 
        any of the following:
                    (A) All of the sections of parts I, II, III, and V 
                of subtitle D of title I of such Act (and the 
                amendments made by such sections).
                    (B) All of the sections of part I of subtitle E of 
                title I of such Act (and the amendments made by such 
                sections).
                    (C) All of the sections of subtitle F of title I of 
                such Act (and the amendments made by such sections).
                    (D) Requirements imposed pursuant to section 
                3021(c)(2) of the Public Health Service Act (42 U.S.C. 
                300jj-51(c)(2)), as added by section 1561 of the 
                Patient Protection and Affordable Care Act.
                    (E) All of the sections of subtitle A of title II 
                of the Patient Protection and Affordable Care Act, 
                except for section 2007, and all of the sections of 
                subtitle C of such title (and the amendments made by 
                such sections).
    (c) Qualifying State.--
            (1) Enactment of state law.--For purposes of this section, 
        the term ``qualifying State'' means a State that--
                    (A) enacts a law after the date of enactment of 
                this Act that--
                            (i) expresses the intent of the State to 
                        opt out of any or all of the provisions of the 
                        Patient Protection and Affordable Care Act 
                        (Public Law 111-148) described in subsection 
                        (b);
                            (ii) contains a list of each such 
                        provision; and
                            (iii) expresses the intent of the State to 
                        continue to administer health coverage-related 
                        laws as in effect in the State on March 22, 
                        2010, or that provides for the implementation 
                        of related State laws enacted after such date; 
                        and
                    (B) provides to the Secretary of Health and Human 
                Services and the Secretary of the Treasury a 
                notification that such State law was enacted.
            (2) Repeal.--If a qualifying State repeals a law described 
        in paragraph (1), the provisions of the Patient Protection and 
        Affordable Care Act listed in such law shall apply with respect 
        to such State beginning on the date of such repeal.
    (d) Preserving Existing State Law Opt Outs.--Nothing in this Act 
shall be construed as affecting any State law enacted before the date 
of the enactment of this Act relating to the State opting out of the 
application of any provision of the Patient Protection and Affordable 
Care Act.
    (e) Regulations.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Health and Human Services, in 
consultation with the Secretary of the Treasury, shall promulgate 
regulations to provide for the implementation of this Act.
    (f) Effective Date.--The provisions of this section shall be 
effective and shall apply to a State as of the date of the enactment of 
this Act, without regard to whether regulations described in subsection 
(e) have been promulgated.
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