Texas 2011 - 82nd 1st C.S.

Texas House Bill HB5 Compare Versions

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1	1	82S10032 PMO-F
2	2	By: Kolkhorst H.B. No. 5
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Interstate Health Care Compact.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 15, Insurance Code, is amended by adding
10	10	Chapter 5002 to read as follows:
11	11	CHAPTER 5002. INTERSTATE HEALTH CARE COMPACT
12	12	Sec. 5002.001. EXECUTION OF COMPACT. This state enacts the
13	13	Interstate Health Care Compact and enters into the compact with all
14	14	other states legally joining in the compact in substantially the
15	15	following form:
16	16	Whereas, the separation of powers, both between the branches of the
17	17	Federal government and between Federal and State authority, is
18	18	essential to the preservation of individual liberty;
19	19	Whereas, the Constitution creates a Federal government of limited
20	20	and enumerated powers, and reserves to the States or to the people
21	21	those powers not granted to the Federal government;
22	22	Whereas, the Federal government has enacted many laws that have
23	23	preempted State laws with respect to Health Care, and placed
24	24	increasing strain on State budgets, impairing other
25	25	responsibilities such as education, infrastructure, and public
26	26	safety;
27	27	Whereas, the Member States seek to protect individual liberty and
28	28	personal control over Health Care decisions, and believe the best
29	29	method to achieve these ends is by vesting regulatory authority
30	30	over Health Care in the States;
31	31	Whereas, by acting in concert, the Member States may express and
32	32	inspire confidence in the ability of each Member State to govern
33	33	Health Care effectively; and
34	34	Whereas, the Member States recognize that consent of Congress may
35	35	be more easily secured if the Member States collectively seek
36	36	consent through an interstate compact;
37	37	NOW THEREFORE, the Member States hereto resolve, and by the
38	38	adoption into law under their respective State Constitutions of
39	39	this Health Care Compact, agree, as follows:
40	40	Sec. 1. Definitions. As used in this Compact, unless the context
41	41	clearly indicates otherwise:
42	42	"Commission" means the Interstate Advisory Health Care Commission.
43	43	"Effective Date" means the date upon which this Compact shall
44	44	become effective for purposes of the operation of State and Federal
45	45	law in a Member State, which shall be the later of:
46	46	a) the date upon which this Compact shall be adopted
47	47	under the laws of the Member State, and
48	48	b) the date upon which this Compact receives the
49	49	consent of Congress pursuant to Article I, Section 10,
50	50	of the United States Constitution, after at least two
51	51	Member States adopt this Compact.
52	52	"Health Care" means care, services, supplies, or plans related to
53	53	the health of an individual and includes but is not limited to:
54	54	(a) preventive, diagnostic, therapeutic, rehabilitative,
55	55	maintenance, or palliative care and counseling, service,
56	56	assessment, or procedure with respect to the physical or mental
57	57	condition or functional status of an individual or that affects the
58	58	structure or function of the body, and
59	59	(b) sale or dispensing of a drug, device, equipment, or other item
60	60	in accordance with a prescription, and
61	61	(c) an individual or group plan that provides, or pays the cost of,
62	62	care, services, or supplies related to the health of an individual,
63	63	except any care, services, supplies, or plans provided by the
64	64	United States Department of Defense and United States Department of
65	65	Veteran Affairs, or provided to Native Americans.
66	66	"Member State" means a State that is signatory to this Compact and
67	67	has adopted it under the laws of that State.
68	68	"Member State Base Funding Level" means a number equal to the total
69	69	Federal spending on Health Care in the Member State during Federal
70	70	fiscal year 2010. On or before the Effective Date, each Member State
71	71	shall determine the Member State Base Funding Level for its State,
72	72	and that number shall be binding upon that Member State.
73	73	"Member State Current Year Funding Level" means the Member State
74	74	Base Funding Level multiplied by the Member State Current Year
75	75	Population Adjustment Factor multiplied by the Current Year
76	76	Inflation Adjustment Factor.
77	77	"Member State Current Year Population Adjustment Factor" means the
78	78	average population of the Member State in the current year less the
79	79	average population of the Member State in Federal fiscal year 2010,
80	80	divided by the average population of the Member State in Federal
81	81	fiscal year 2010, plus 1. Average population in a Member State shall
82	82	be determined by the United States Census Bureau.
83	83	"Current Year Inflation Adjustment Factor" means the Total Gross
84	84	Domestic Product Deflator in the current year divided by the Total
85	85	Gross Domestic Product Deflator in Federal fiscal year 2010. Total
86	86	Gross Domestic Product Deflator shall be determined by the Bureau
87	87	of Economic Analysis of the United States Department of Commerce.
88	88	Sec. 2. Pledge. The Member States shall take joint and separate
89	89	action to secure the consent of the United States Congress to this
90	90	Compact in order to return the authority to regulate Health Care to
91	91	the Member States consistent with the goals and principles
92	92	articulated in this Compact. The Member States shall improve Health
93	93	Care policy within their respective jurisdictions and according to
94	94	the judgment and discretion of each Member State.
95	95	Sec. 3. Legislative Power. The legislatures of the Member States
96	96	have the primary responsibility to regulate Health Care in their
97	97	respective States.
98	98	Sec. 4. State Control. Each Member State, within its State, may
99	99	suspend by legislation the operation of all federal laws, rules,
100	100	regulations, and orders regarding Health Care that are inconsistent
101	101	with the laws and regulations adopted by the Member State pursuant
102	102	to this Compact. Federal and State laws, rules, regulations, and
103	103	orders regarding Health Care will remain in effect unless a Member
104	104	State expressly suspends them pursuant to its authority under this
105	105	Compact. For any federal law, rule, regulation, or order that
106	106	remains in effect in a Member State after the Effective Date, that
107	107	Member State shall be responsible for the associated funding
108	108	obligations in its State.
109	109	Sec. 5. Funding.
110	110	(a) Each Federal fiscal year, each Member State shall have the
111	111	right to Federal monies up to an amount equal to its Member State
112	112	Current Year Funding Level for that Federal fiscal year, funded by
113	113	Congress as mandatory spending and not subject to annual
114	114	appropriation, to support the exercise of Member State authority
115	115	under this Compact. This funding shall not be conditional on any
116	116	action of or regulation, policy, law, or rule being adopted by the
117	117	Member State.
118	118	(b) By the start of each Federal fiscal year, Congress shall
119	119	establish an initial Member State Current Year Funding Level for
120	120	each Member State, based upon reasonable estimates. The final
121	121	Member State Current Year Funding Level shall be calculated, and
122	122	funding shall be reconciled by the United States Congress based
123	123	upon information provided by each Member State and audited by the
124	124	United States Government Accountability Office.
125	125	Sec. 6. Interstate Advisory Health Care Commission.
126	126	(a) The Interstate Advisory Health Care Commission is
127	127	established. The Commission consists of members appointed by each
128	128	Member State through a process to be determined by each Member
129	129	State. A Member State may not appoint more than two members to the
130	130	Commission and may withdraw membership from the Commission at any
131	131	time. Each Commission member is entitled to one vote. The
132	132	Commission shall not act unless a majority of the members are
133	133	present, and no action shall be binding unless approved by a
134	134	majority of the Commission's total membership.
135	135	(b) The Commission may elect from among its membership a
136	136	Chairperson. The Commission may adopt and publish bylaws and
137	137	policies that are not inconsistent with this Compact. The
138	138	Commission shall meet at least once a year, and may meet more
139	139	frequently.
140	140	(c) The Commission may study issues of Health Care regulation that
141	141	are of particular concern to the Member States. The Commission may
142	142	make non-binding recommendations to the Member States. The
143	143	legislatures of the Member States may consider these
144	144	recommendations in determining the appropriate Health Care
145	145	policies in their respective States.
146	146	(d) The Commission shall collect information and data to assist
147	147	the Member States in their regulation of Health Care, including
148	148	assessing the performance of various State Health Care programs and
149	149	compiling information on the prices of Health Care. The Commission
150	150	shall make this information and data available to the legislatures
151	151	of the Member States. Notwithstanding any other provision in this
152	152	Compact, no Member State shall disclose to the Commission the
153	153	health information of any individual, nor shall the Commission
154	154	disclose the health information of any individual.
155	155	(e) The Commission shall be funded by the Member States as agreed
156	156	to by the Member States. The Commission shall have the
157	157	responsibilities and duties as may be conferred upon it by
158	158	subsequent action of the respective legislatures of the Member
159	159	States in accordance with the terms of this Compact.
160	160	(f) The Commission shall not take any action within a Member State
161	161	that contravenes any State law of that Member State.
162	162	Sec. 7. Congressional Consent. This Compact shall be effective on
163	163	its adoption by at least two Member States and consent of the United
164	164	States Congress. This Compact shall be effective unless the United
165	165	States Congress, in consenting to this Compact, alters the
166	166	fundamental purposes of this Compact, which are:
167	167	(a) To secure the right of the Member States to regulate Health
168	168	Care in their respective States pursuant to this Compact and to
169	169	suspend the operation of any conflicting federal laws, rules,
170	170	regulations, and orders within their States; and
171	171	(b) To secure Federal funding for Member States that choose to
172	172	invoke their authority under this Compact, as prescribed by Section
173	173	5 above.
174	174	Sec. 8. Amendments. The Member States, by unanimous agreement,
175	175	may amend this Compact from time to time without the prior consent
176	176	or approval of Congress and any amendment shall be effective
177	177	unless, within one year, the Congress disapproves that amendment.
178	178	Any State may join this Compact after the date on which Congress
179	179	consents to the Compact by adoption into law under its State
180	180	Constitution.
181	181	Sec. 9. Withdrawal; Dissolution. Any Member State may withdraw
182	182	from this Compact by adopting a law to that effect, but no such
183	183	withdrawal shall take effect until six months after the Governor of
184	184	the withdrawing Member State has given notice of the withdrawal to
185	185	the other Member States. A withdrawing State shall be liable for any
186	186	obligations that it may have incurred prior to the date on which its
187	187	withdrawal becomes effective. This Compact shall be dissolved upon
188	188	the withdrawal of all but one of the Member States.
189	189	SECTION 2. This Act takes effect immediately if it receives
190	190	a vote of two-thirds of all the members elected to each house, as
191	191	provided by Section 39, Article III, Texas Constitution. If this
192	192	Act does not receive the vote necessary for immediate effect, this
193	193	Act takes effect on the 91st day after the last day of the
194	194	legislative session.