Texas 2011 - 82nd Regular

Texas House Bill HB5 Compare Versions

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1	1	By: Kolkhorst, et al. (Senate Sponsor - Nelson) H.B. No. 5
2	2	(In the Senate - Received from the House April 26, 2011;
3	3	April 28, 2011, read first time and referred to Committee on Health
4	4	and Human Services; May 11, 2011, reported favorably by the
5	5	following vote: Yeas 5, Nays 3; May 11, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the Interstate Health Care Compact.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 15, Insurance Code, is amended by adding
13	13	Chapter 5002 to read as follows:
14	14	CHAPTER 5002. INTERSTATE HEALTH CARE COMPACT
15	15	Sec. 5002.001. EXECUTION OF COMPACT. This state enacts the
16	16	Interstate Health Care Compact and enters into the compact with all
17	17	other states legally joining in the compact in substantially the
18	18	following form:
19	19	Whereas, the separation of powers, both between the branches of the
20	20	Federal government and between Federal and State authority, is
21	21	essential to the preservation of individual liberty;
22	22	Whereas, the Constitution creates a Federal government of limited
23	23	and enumerated powers, and reserves to the States or to the people
24	24	those powers not granted to the Federal government;
25	25	Whereas, the Federal government has enacted many laws that have
26	26	preempted State laws with respect to Health Care, and placed
27	27	increasing strain on State budgets, impairing other
28	28	responsibilities such as education, infrastructure, and public
29	29	safety;
30	30	Whereas, the Member States seek to protect individual liberty and
31	31	personal control over Health Care decisions, and believe the best
32	32	method to achieve these ends is by vesting regulatory authority
33	33	over Health Care in the States;
34	34	Whereas, by acting in concert, the Member States may express and
35	35	inspire confidence in the ability of each Member State to govern
36	36	Health Care effectively; and
37	37	Whereas, the Member States recognize that consent of Congress may
38	38	be more easily secured if the Member States collectively seek
39	39	consent through an interstate compact;
40	40	NOW THEREFORE, the Member States hereto resolve, and by the
41	41	adoption into law under their respective State Constitutions of
42	42	this Health Care Compact, agree, as follows:
43	43	Sec. 1. Definitions. As used in this Compact, unless the context
44	44	clearly indicates otherwise:
45	45	"Commission" means the Interstate Advisory Health Care Commission.
46	46	"Effective Date" means the date upon which this Compact shall
47	47	become effective for purposes of the operation of State and Federal
48	48	law in a Member State, which shall be the later of:
49	49	a) the date upon which this Compact shall be adopted
50	50	under the laws of the Member State, and
51	51	b) the date upon which this Compact receives the
52	52	consent of Congress pursuant to Article I, Section 10,
53	53	of the United States Constitution, after at least two
54	54	Member States adopt this Compact.
55	55	"Health Care" means care, services, supplies, or plans related to
56	56	the health of an individual and includes but is not limited to:
57	57	(a) preventive, diagnostic, therapeutic, rehabilitative,
58	58	maintenance, or palliative care and counseling, service,
59	59	assessment, or procedure with respect to the physical or mental
60	60	condition or functional status of an individual or that affects the
61	61	structure or function of the body, and
62	62	(b) sale or dispensing of a drug, device, equipment, or other item
63	63	in accordance with a prescription, and
64	64	(c) an individual or group plan that provides, or pays the cost of,
65	65	care, services, or supplies related to the health of an individual,
66	66	except any care, services, supplies, or plans provided by the
67	67	United States Department of Defense and United States Department of
68	68	Veteran Affairs, or provided to Native Americans.
69	69	"Member State" means a State that is signatory to this Compact and
70	70	has adopted it under the laws of that State.
71	71	"Member State Base Funding Level" means a number equal to the total
72	72	Federal spending on Health Care in the Member State during Federal
73	73	fiscal year 2010. On or before the Effective Date, each Member State
74	74	shall determine the Member State Base Funding Level for its State,
75	75	and that number shall be binding upon that Member State.
76	76	"Member State Current Year Funding Level" means the Member State
77	77	Base Funding Level multiplied by the Member State Current Year
78	78	Population Adjustment Factor multiplied by the Current Year
79	79	Inflation Adjustment Factor.
80	80	"Member State Current Year Population Adjustment Factor" means the
81	81	average population of the Member State in the current year less the
82	82	average population of the Member State in Federal fiscal year 2010,
83	83	divided by the average population of the Member State in Federal
84	84	fiscal year 2010, plus 1. Average population in a Member State shall
85	85	be determined by the United States Census Bureau.
86	86	"Current Year Inflation Adjustment Factor" means the Total Gross
87	87	Domestic Product Deflator in the current year divided by the Total
88	88	Gross Domestic Product Deflator in Federal fiscal year 2010. Total
89	89	Gross Domestic Product Deflator shall be determined by the Bureau
90	90	of Economic Analysis of the United States Department of Commerce.
91	91	Sec. 2. Pledge. The Member States shall take joint and separate
92	92	action to secure the consent of the United States Congress to this
93	93	Compact in order to return the authority to regulate Health Care to
94	94	the Member States consistent with the goals and principles
95	95	articulated in this Compact. The Member States shall improve Health
96	96	Care policy within their respective jurisdictions and according to
97	97	the judgment and discretion of each Member State.
98	98	Sec. 3. Legislative Power. The legislatures of the Member States
99	99	have the primary responsibility to regulate Health Care in their
100	100	respective States.
101	101	Sec. 4. State Control. Each Member State, within its State, may
102	102	suspend by legislation the operation of all federal laws, rules,
103	103	regulations, and orders regarding Health Care that are inconsistent
104	104	with the laws and regulations adopted by the Member State pursuant
105	105	to this Compact. Federal and State laws, rules, regulations, and
106	106	orders regarding Health Care will remain in effect unless a Member
107	107	State expressly suspends them pursuant to its authority under this
108	108	Compact. For any federal law, rule, regulation, or order that
109	109	remains in effect in a Member State after the Effective Date, that
110	110	Member State shall be responsible for the associated funding
111	111	obligations in its State.
112	112	Sec. 5. Funding.
113	113	(a) Each Federal fiscal year, each Member State shall have the
114	114	right to Federal monies up to an amount equal to its Member State
115	115	Current Year Funding Level for that Federal fiscal year, funded by
116	116	Congress as mandatory spending and not subject to annual
117	117	appropriation, to support the exercise of Member State authority
118	118	under this Compact. This funding shall not be conditional on any
119	119	action of or regulation, policy, law, or rule being adopted by the
120	120	Member State.
121	121	(b) By the start of each Federal fiscal year, Congress shall
122	122	establish an initial Member State Current Year Funding Level for
123	123	each Member State, based upon reasonable estimates. The final
124	124	Member State Current Year Funding Level shall be calculated, and
125	125	funding shall be reconciled by the United States Congress based
126	126	upon information provided by each Member State and audited by the
127	127	United States Government Accountability Office.
128	128	Sec. 6. Interstate Advisory Health Care Commission.
129	129	(a) The Interstate Advisory Health Care Commission is
130	130	established. The Commission consists of members appointed by each
131	131	Member State through a process to be determined by each Member
132	132	State. A Member State may not appoint more than two members to the
133	133	Commission and may withdraw membership from the Commission at any
134	134	time. Each Commission member is entitled to one vote. The
135	135	Commission shall not act unless a majority of the members are
136	136	present, and no action shall be binding unless approved by a
137	137	majority of the Commission's total membership.
138	138	(b) The Commission may elect from among its membership a
139	139	Chairperson. The Commission may adopt and publish bylaws and
140	140	policies that are not inconsistent with this Compact. The
141	141	Commission shall meet at least once a year, and may meet more
142	142	frequently.
143	143	(c) The Commission may study issues of Health Care regulation that
144	144	are of particular concern to the Member States. The Commission may
145	145	make non-binding recommendations to the Member States. The
146	146	legislatures of the Member States may consider these
147	147	recommendations in determining the appropriate Health Care
148	148	policies in their respective States.
149	149	(d) The Commission shall collect information and data to assist
150	150	the Member States in their regulation of Health Care, including
151	151	assessing the performance of various State Health Care programs and
152	152	compiling information on the prices of Health Care. The Commission
153	153	shall make this information and data available to the legislatures
154	154	of the Member States. Notwithstanding any other provision in this
155	155	Compact, no Member State shall disclose to the Commission the
156	156	health information of any individual, nor shall the Commission
157	157	disclose the health information of any individual.
158	158	(e) The Commission shall be funded by the Member States as agreed
159	159	to by the Member States. The Commission shall have the
160	160	responsibilities and duties as may be conferred upon it by
161	161	subsequent action of the respective legislatures of the Member
162	162	States in accordance with the terms of this Compact.
163	163	(f) The Commission shall not take any action within a Member State
164	164	that contravenes any State law of that Member State.
165	165	Sec. 7. Congressional Consent. This Compact shall be effective on
166	166	its adoption by at least two Member States and consent of the United
167	167	States Congress. This Compact shall be effective unless the United
168	168	States Congress, in consenting to this Compact, alters the
169	169	fundamental purposes of this Compact, which are:
170	170	(a) To secure the right of the Member States to regulate Health
171	171	Care in their respective States pursuant to this Compact and to
172	172	suspend the operation of any conflicting federal laws, rules,
173	173	regulations, and orders within their States; and
174	174	(b) To secure Federal funding for Member States that choose to
175	175	invoke their authority under this Compact, as prescribed by Section
176	176	5 above.
177	177	Sec. 8. Amendments. The Member States, by unanimous agreement,
178	178	may amend this Compact from time to time without the prior consent
179	179	or approval of Congress and any amendment shall be effective
180	180	unless, within one year, the Congress disapproves that amendment.
181	181	Any State may join this Compact after the date on which Congress
182	182	consents to the Compact by adoption into law under its State
183	183	Constitution.
184	184	Sec. 9. Withdrawal; Dissolution. Any Member State may withdraw
185	185	from this Compact by adopting a law to that effect, but no such
186	186	withdrawal shall take effect until six months after the Governor of
187	187	the withdrawing Member State has given notice of the withdrawal to
188	188	the other Member States. A withdrawing State shall be liable for any
189	189	obligations that it may have incurred prior to the date on which its
190	190	withdrawal becomes effective. This Compact shall be dissolved upon
191	191	the withdrawal of all but one of the Member States.
192	192	SECTION 2. This Act takes effect immediately if it receives
193	193	a vote of two-thirds of all the members elected to each house, as
194	194	provided by Section 39, Article III, Texas Constitution. If this
195	195	Act does not receive the vote necessary for immediate effect, this
196	196	Act takes effect September 1, 2011.
197	197	* * * * *