I 112th CONGRESS 1st Session H. R. 782 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.

1.

Short title

This Act may be cited as the State Health Care Flexibility Act of 2011.

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.

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.