[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 244 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 244

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 1, 2011

  Mr. Barrasso (for himself and Mr. Graham) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 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 Choice Act''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to protect States' rights and to 
ensure that States have the option to continue to implement State laws 
relating to health care delivery and health insurance that were in 
effect prior to the date of enactment of the Patient Protection and 
Affordable Care Act (Public Law 111-148).

SEC. 3. PROTECTION OF STATE FLEXIBILITY TO PROVIDE HEALTH COVERAGE.

    (a) State Opt Out of Certain Provisions of PPACA.--
            (1) In general.--A State described in subsection (b) may 
        elect to limit the application of any or all of the provisions 
        of the Patient Protection and Affordable Care Act (Public Law 
        111-148) described in paragraph (2) with respect to health 
        insurance coverage within that State.
            (2) Provisions described.--The provisions of the Patient 
        Protection and Affordable Care Act described in this paragraph 
        are as follows:
                    (A) Subtitles A through C of title I (and the 
                amendments made by such subtitles), except for sections 
                1253 and 1254.
                    (B) Parts I, II, III, and V of subtitle D of title 
                I (and the amendments made by such parts).
                    (C) Part I of subtitle E of title I (and the 
                amendments made by such part).
                    (D) Subtitle F of title I (and the amendments made 
                by such part).
                    (E) Section 1561 (and the amendment made by such 
                section).
                    (F) Sections 2001 through 2006 and subtitle C of 
                title II (and the amendments made by such sections and 
                subtitle).
                    (G) Sections 10101 through 10107 (and the 
                amendments made by such sections).
    (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);
                    (B) contains a list of the provisions of such Act 
                which will not apply to the State under the State law; 
                and
                    (C) expresses the intent of the State to continue 
                to administer health coverage-related laws as in effect 
                in the State on March 23, 2010, or that provides for 
                the implementation of related State laws enacted after 
                such date.
            (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, in consultation with the Secretary 
of the Treasury, shall promulgate regulations to provide for the 
implementation of this Act.
                                 <all>