HLS 14RS-1257 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 877
BY REPRESENTATIVE HOLLIS
HEALTH CARE: Exempts Louisiana's citizens from the mandates in the Affordable Care
Act
AN ACT1
To enact Part LXXV of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, to2
be comprised of R.S. 40:1300.381 through 1300.386, relative to the Patient3
Protection and Affordable Care Act of 2010; to enact the "La. Freedom of Health4
Care Protection Act"; to provide for authority; to prohibit enforcement by the state5
of the Patient Protection and Affordable Care Act of 2010; to authorize the attorney6
general to seek an injunction; to prohibit the establishment of a state health care7
exchange; to prohibit certain involuntary in-home visits; to provide for an effective8
date; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. Part LXXV of Chapter 5 of Title 40 of the Louisiana Revised Statutes of11
1950, comprised of R.S. 40:1300.381 through 1300.386, is hereby enacted to read as12
follows: 13
PART LXXV. LOUISIANA FREEDOM OF HEALTH CARE PROTECTION ACT14
§1300.381. Short title15
This Part shall be known and may be cited as the "Louisiana Freedom of16
Health Care Protection Act".17
§1300.382. Authority 18
The legislature declares that authority for the provisions of this Part is the19
following: 20 HLS 14RS-1257 ORIGINAL
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(1) The Tenth Amendment to the United States Constitution provides that1
the federal government of the United States is authorized to exercise only those2
powers delegated to it in the constitution. 3
(2) Article VI, Clause 2 of the Constitution of the United States provides that4
laws of the United States are the supreme law of the land provided that they are made5
in pursuance of the powers delegated to the federal government in the constitution.6
(3) The provisions of the Patient Protection and Affordable Care Act of 20107
which exceed the limited powers granted to the congress pursuant to the constitution8
cannot and should not be considered the supreme law of the land. 9
(4) The Legislature of Louisiana has the absolute and sovereign authority to10
interpose and refuse to enforce the provisions of the Patient Protection and11
Affordable Care Act of 2010 that exceed the authority of the congress. 12
(5) The Fourteenth Amendment provides that the people are to be free from13
deprivation of life, liberty, or property, without due process of law.14
§1300.383. Enforcement prohibited; state agency, officer, or employee; authority15
of legislature16
A. No agency, officer, or employee of this state, acting on behalf of the state,17
shall engage in an activity that aids any agency in the enforcement of those18
provisions of the Patient Protection and Affordable Care Act of 2010 and any19
subsequent federal act that amends the Patient Protection and Affordable Care Act20
of 2010 that exceed the authority of the United States Constitution.21
B. The Legislature of Louisiana may take all necessary actions to ensure that22
the provisions of Subsection A of this Section are adhered to by all agencies,23
departments, and political subdivisions of the state.24
§1300.384. Injunction; attorney general; notice; costs25
A. Whenever the attorney general has reasonable cause to believe that a26
person or business in this state is being harmed by implementation of the Patient27
Protection and Affordable Care Act of 2010 and that proceedings would be in the28
public interest, the attorney general may bring an action in the name of the state29 HLS 14RS-1257 ORIGINAL
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against the person or entity causing the harm to restrain by temporary restraining1
order, temporary injunction, or permanent injunction the use of the method, act, or2
practice.3
B. Unless the attorney general determines in writing that the purposes of this4
Section will be substantially impaired by delay in instituting legal proceedings, the5
attorney general shall, at least three days before instituting a legal proceeding6
pursuant to this Section, give notice to the person or entity against whom the7
proceeding is contemplated and give the person or entity an opportunity to present8
reasons to the attorney general why a proceeding should not be instituted.9
C. An action brought by the attorney general pursuant to this Section may10
be brought in a court of competent jurisdiction.11
D. Whenever the court issues a permanent injunction in connection with an12
action brought pursuant to this Section, which has become final, the court shall13
award reasonable costs to the state. 14
§1300.385. Health care exchange; establishment prohibited; participation prohibited15
A. For the purposes of this Section, "health care exchange" means an16
American Health Benefit Exchange established by any state or political subdivision17
of a state, as provided for in the Patient Protection and Affordable Care Act of 2010.18
B. Neither the state of Louisiana nor a political subdivision including but not19
limited to parishes, municipalities, or special districts of the state shall establish a20
health care exchange for the purchase of health insurance. 21
C. Neither the state of Louisiana nor a political subdivision including but not22
limited to parishes, municipalities, or special districts of the state shall participate in23
or purchase insurance from a health care exchange established by a nonprofit24
organization. 25
D. A health insurance contract purchased or established in violation of this26
Section is void and shall not be enforced by the courts of this state.27 HLS 14RS-1257 ORIGINAL
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§1300.386. Home visitations; prohibition1
No agency, department, or other state entity, including but not limited to the2
Department of Children and Family Services and the Department of Health and3
Hospitals shall authorize an employee, contractor, vendor, or any other person acting4
on behalf of the department to conduct or participate in an involuntary maternal,5
infant, and early childhood in-home visitation pursuant to Section 2951 of the Patient6
Protection and Affordable Care Act of 2010 and any subsequent federal act that7
amends that section or that may refer to an entity or a process established pursuant8
to the Patient Protection and Affordable Care Act of 2010.9
Section 2. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hollis HB No. 877
Abstract: Prohibits enforcement by the state of the Patient Protection and Affordable Care
Act of 2010.
Proposed law may be cited as the "Louisiana Freedom of Health Care Protection Act".
Proposed law provides that authority for the provisions of proposed law is the following:
(1)The 10th Amendment to the U. S. Constitution provides that the federal government
of the U.S. is authorized to exercise only those powers delegated to it in the
constitution.
(2)Article VI, Clause 2 of the constitution provides that laws of the U.S. are the
supreme law of the land provided that they are made in pursuance of the powers
delegated to the federal government in the constitution.
(3)The provisions of the Patient Protection and Affordable Care Act of 2010 (PPACA)
which exceed the limited powers granted to the congress pursuant to the constitution
cannot and should not be considered the supreme law of the land.
(4)The Legislature of La. has the absolute and sovereign authority to interpose and
refuse to enforce the provisions of PPACA that exceed the authority of the congress. HLS 14RS-1257 ORIGINAL
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(5)The 14th Amendment provides that the people are to be free from deprivation of life,
liberty, or property, without due process of law.
Proposed law prohibits an agency, officer, or employee of this state, acting on behalf of the
state, from engaging in an activity that aids any agency in the enforcement of those
provisions of PPACA and any subsequent federal act that amends PPACA that exceed the
authority of the United States Constitution.
Proposed law authorizes the Legislature of La. to take all necessary actions to ensure that
the provisions of proposed law are adhered to by all agencies, departments, and political
subdivisions of the state.
Proposed law authorizes the attorney general, whenever the attorney general has reasonable
cause to believe that a person or business in this state is being harmed by implementation
of PPACA and that proceedings would be in the public interest, to bring an action in the
name of the state against the person or entity causing the harm to restrain by temporary
restraining order, temporary injunction, or permanent injunction the use of the method, act,
or practice.
Proposed law requires the attorney general, unless the attorney general determines in writing
that the purposes of proposed law will be substantially impaired by delay in instituting legal
proceedings, to give notice, at least three days before instituting a legal proceeding, to the
person or entity against whom the proceeding is contemplated and give the person or entity
an opportunity to present reasons to the attorney general why a proceeding should not be
instituted.
Proposed law authorizes an action brought by the attorney general to be brought in a court
of competent jurisdiction.
Proposed law requires the court, whenever the court issues a permanent injunction which has
become final, to award reasonable costs to the state.
Proposed law defines "health care exchange" as an American Health Benefit Exchange
established by any state or political subdivision of a state, as provided for in PPACA.
Proposed law prohibits the state of La. or a political subdivision including but not limited
to parishes, municipalities, or special districts of the state from establishing a health care
exchange for the purchase of health insurance.
Proposed law prohibits the state of La. or a political subdivision including but not limited
to parishes, municipalities, or special districts of the state from participating in or purchasing
insurance from a health care exchange established by a nonprofit organization.
Proposed law provides that a health insurance contract purchased or established in violation
of proposed law is void and shall not be enforced by the courts of this state.
Proposed law prohibits an agency, department, or other state entity including but not limited
to the Dept. of Children and Family Services and the Dept. of Health and Hospitals from
authorizing an employee, contractor, vendor, or any other person acting on behalf of the
department to conduct or participate in an involuntary maternal, infant, and early childhood
in-home visitation pursuant to §2951 of PPACA and any subsequent federal act that amends
that section or that may refer to an entity or a process established pursuant to PPACA.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 40:1300.381-1300.386)