| 12 | 13 | | A BILL TO BE ENTITLED 1 |
|---|
| 13 | 14 | | AN ACT AUTHORIZING THE COMMISSIONER OF INSURANCE TO ESTABLISH AND 2 |
|---|
| 14 | 15 | | OPERATE A STATE-RUN HEALTH BENEFITS EXCHANGE. 3 |
|---|
| 15 | 16 | | The General Assembly of North Carolina enacts: 4 |
|---|
| 16 | 17 | | SECTION 1.(a) G.S. 58-2-40(2) is recodified as G.S. 58-2-40(b). 5 |
|---|
| 17 | 18 | | SECTION 1.(b) G.S. 58-2-40, as amended by subsection (a) of this section, reads as 6 |
|---|
| 18 | 19 | | rewritten: 7 |
|---|
| 19 | 20 | | "§ 58-2-40. Powers and duties of Commissioner. 8 |
|---|
| 20 | 21 | | (a) The Commissioner shall:has the duty to do all of the following: 9 |
|---|
| 21 | 22 | | (1) See that all laws of this State that the Commissioner is responsible for 10 |
|---|
| 22 | 23 | | administering and the provisions of this Chapter are faithfully executed; and 11 |
|---|
| 23 | 24 | | to executed. To that end end, the Commissioner is authorized to adopt rules 12 |
|---|
| 24 | 25 | | rules, in accordance with Chapter 150B of the General Statutes, in order to 13 |
|---|
| 25 | 26 | | enforce, carry out and make effective the provisions of those laws. The 14 |
|---|
| 26 | 27 | | Commissioner is also authorized to adopt such further rules not contrary to 15 |
|---|
| 27 | 28 | | those laws that will prevent persons subject to the Commissioner's regulatory 16 |
|---|
| 28 | 29 | | authority from engaging in practices injurious to the public. 17 |
|---|
| 29 | 30 | | … 18 |
|---|
| 30 | 31 | | (b) Have The Commissioner shall have the power and authority to adopt rules pertaining 19 |
|---|
| 31 | 32 | | to and governing the solicitation of proxies, including related financial reporting in connection 20 |
|---|
| 32 | 33 | | therewith, reporting requirements, with respect to the capital stock or other equity securities of 21 |
|---|
| 33 | 34 | | any domestic stock insurance company. 22 |
|---|
| 34 | 35 | | (c) The Commissioner shall establish a State-run Health Benefits Exchange, as provided 23 |
|---|
| 35 | 36 | | for under the federal Patient Protection and Affordable Care Act (P.L. 111-148), as amended, or 24 |
|---|
| 36 | 37 | | other applicable federal law and regulations. The Commissioner has the authority to do all of the 25 |
|---|
| 37 | 38 | | following: 26 |
|---|
| 38 | 39 | | (1) Change any established program, adopt or amend any rule, or establish or 27 |
|---|
| 39 | 40 | | change any policy, guideline, or plan as necessary to implement, establish, 28 |
|---|
| 40 | 41 | | create, administer, or otherwise operate the Exchange. 29 |
|---|
| 41 | 42 | | (2) Apply for and accept federal moneys related to the creation, implementation, 30 |
|---|
| 42 | 43 | | or operation of the Exchange. 31 |
|---|
| 43 | 44 | | (3) Create any advisory board or committee for providing recommendations on 32 |
|---|
| 44 | 45 | | the creation, implementation, or operation of the exchange." 33 |
|---|
| 45 | 46 | | SECTION 2. G.S. 143B-24 reads as rewritten: 34 |
|---|
| 46 | 47 | | "§ 143B-24. Cooperative agreements; prohibition regarding Health Benefit 35 |
|---|
| 49 | 54 | | … 1 |
|---|
| 50 | 55 | | (b) The General Assembly reserves the authority to define the State's level of interaction, 2 |
|---|
| 51 | 56 | | if any, with the federally facilitated Health Benefit Exchange that will operate in the State. No 3 |
|---|
| 52 | 57 | | department, agency, or institution of this State shall enter into any contracts or commit any 4 |
|---|
| 53 | 58 | | resources for the provision of any services related to the federally facilitated Health Benefit 5 |
|---|
| 54 | 59 | | Exchange under a "Partnership" Exchange model, except as authorized by the General Assembly. 6 |
|---|
| 55 | 60 | | No department, agency, or institution of this State shall take any actions not authorized by the 7 |
|---|
| 56 | 61 | | General Assembly toward the formation of a State-run Health Benefit Exchange. It is not the 8 |
|---|
| 57 | 62 | | intent of this section to prohibit State-federal interaction that does not pursue a State-run 9 |
|---|
| 58 | 63 | | Exchange or "Partnership" Exchange model." 10 |
|---|
| 59 | 64 | | SECTION 3. Effective July 1, 2025, there is appropriated from the General Fund to 11 |
|---|
| 60 | 65 | | the Department of Insurance the sum of one hundred thousand dollars ($100,000) in recurring 12 |
|---|
| 61 | 66 | | funds for the 2025-2026 fiscal year to be used to establish and operate a State-run Health Benefits 13 |
|---|
| 62 | 67 | | Exchange, as authorized under G.S. 58-2-40(c). 14 |
|---|
| 63 | 68 | | SECTION 4. Except as otherwise provided, this act is effective when it becomes 15 |
|---|
| 64 | 69 | | law. 16 |
|---|