Citations Affected: IC 12-16.5.
Synopsis: Health care compact. Adopts the health care compact.
Requires the securing of the consent of the United States Congress.
Specifies that the state legislature of each member state has the primary
responsibility to regulate health care in the member state's jurisdiction.
Allows member states of the compact to suspend all federal laws,
regulations, and orders concerning health care that are inconsistent
with the laws and regulations adopted by the member state under the
compact. Creates the interstate advisory health care commission
consisting of individuals from member states.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Public Health.
January 25, 2012, reported _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
Whereas, the separation of powers, both between the
branches of the federal government and between federal and
state authority, is essential to the preservation of individual
Whereas, the United States Constitution creates a federal government of limited and enumerated powers, and reserves to the states or to the people those powers not granted to the federal government;
Whereas, the federal government has enacted many laws that have preempted state laws with respect to health care, and placed increasing strain on state budgets, impairing other responsibilities such as education, infrastructure, and public safety;
Whereas, the member states seek to protect individual liberty and personal control over health care decisions, and believe the best method to achieve these ends is by vesting regulatory authority over health care in the states;
Whereas, by acting in concert, the member states may
express and inspire confidence in the ability of each member
state to govern health care effectively; and
Whereas, the member states recognize that consent of Congress may be more easily secured if the member states collectively seek consent through an interstate compact: Therefore,
the states' jurisdictions and according to the judgment and
discretion of each member state.
Sec. 2. The state legislature of each member state has the primary responsibility to regulate health care in the member state's jurisdiction.
Sec. 3. (a) Each member state, for the member state's jurisdiction, may, by legislation, suspend all federal laws, regulations, and orders concerning health care that are inconsistent with the laws and regulations adopted by the member state under the compact.
(b) Any federal or state law, regulation, or order concerning health care will remain in effect unless a member state expressly suspends the law, regulation, or order under the member state's authority under the compact.
(c) The member state shall be responsible for the funding for any federal law, rule, regulation, or order described in this section that remains in effect in the member state.
Sec. 4. (a) Each member state for each federal fiscal year shall have the right to federal monies in an amount up to the member state current year funding level for the current year, funded by the federal government as mandatory spending and that is not subject to annual appropriation, to support the exercise of the member state authority under the compact. The funding may not be conditional on any action of or regulation, policy, law, or rule being adopted by the member state.
(b) By the start of each federal fiscal year, the federal United States Congress shall establish an initial member state current year funding level for each member state. The initial member state current year funding level must be based on a reasonable estimate. The final member state current year funding level shall be calculated and funding shall be reconciled by the federal United States Congress based on information provided by each member state and audited by the United States Government Accountability Office.
Sec. 5. The member states shall fund the commission in a manner agreed upon by the member states.
Sec. 6. The member states may, by unanimous agreement, amend the compact without the prior consent or approval of the federal United States Congress. Any amendment shall be effective unless, not later than one (1) year from the approval of the amendment, the federal United States Congress disapproves of the amendment.
Sec. 7. Any state may join the compact after the date of consent of the compact by the federal United States Congress if the state adopts the compact into law.
Sec. 8. (a) A member state may withdraw from the compact by doing the following:
(1) The member state's governor notifies other member states of the intent to withdraw from the compact at least six (6) months before the withdrawal may occur.
(2) The member state's legislature adopts legislation to withdraw from the compact.
(b) A member state withdrawing from the compact is liable for any obligations that the withdrawing state may have incurred prior to the date of which the withdrawal is effective.
Sec. 9. The compact shall be dissolved upon the withdrawal from the compact of all but one (1) member state.
Chapter 4. Interstate Advisory Health Care Commission
Sec. 1. (a) The interstate advisory health care commission is established.
(b) The commission consists of members appointed by each member state in a manner determined by each member state. A member state may not appoint more than two (2) members to the commission and may withdraw membership from the commission at any time.
(c) Each commission member is entitled to one (1) vote. The commission may not act unless a majority of the members are present, and an action is not binding unless approved by a majority of the commission's total membership.
Sec. 2. (a) The commission may do the following:
(1) Elect a chairperson from the commission's membership.
(2) Adopt and publish bylaws and policies that are consistent with the compact.
(3) Study issues of health care regulation that are of concern to the member states.
(4) Make non-binding recommendations to the member states, of which the state legislatures of the member states may consider in determining appropriate health care policies for the member state.
(b) The commission shall do the following:
(1) Meet at least one (1) time per calendar year.
(2) Collect information and data to assist member states in the regulation of health care, including assessing the performance of state health care programs and compiling information on
the prices of health care.
(c) The commission shall make the information collected under this section available to the legislatures of member states.
(d) Legislatures of the member states may confer additional responsibilities and duties on the commission through legislative action in accordance with the terms of the compact.
(e) The commission may not take any action within a member state that violates the member state's state law.
Sec. 3. A member state may not disclose personal health information of an individual to the commission. The commission may not disclose the personal health information of an individual.