II 112th CONGRESS 1st Session S. 1587 IN THE SENATE OF THE UNITED STATES September 21, 2011 Mr. Graham (for himself and Mr. Barrasso) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To enable States to opt out of the Medicaid expansion-related provisions of the Patient Protection and Affordable Care Act.

1.

Short title

This Act may be cited as the Medicaid Flexibility for States Act.

2.

Protection of State Medicaid flexibility

(a)

State opt out of Medicaid expansion-Related provisions of PPACA

A State described in subsection (b) may elect to limit the application of any or all of the following provisions of the Patient Protection and Affordable Care Act (Public Law 111–148) with respect to the Medicaid program within that State: (1)The amendments made by sections 2001 through 2006 and subtitle C of title II. (2)The amendments made by subsections (a), (b), and (c) of section 10201. (b)

State described

(1)

Enactment of State law

A State described in this subsection is a State that enacts a law after the date of enactment of this Act that— (A)expresses the intent of the State to opt out of one or more of the provisions of the Patient Protection and Affordable Care Act (Public Law 111–148) described in subsection (a); and (B)contains a list of the provisions of such Act which will not apply to the State under the State law. (2)

Repeal

If a 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. (c)

Regulations

The Secretary of Health and Human Services shall promulgate regulations to provide for the implementation of this Act.