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II
113th CONGRESS
1st Session
S. 1711
IN THE SENATE OF THE UNITED STATES
November 14, 2013Mr. Barrasso (for himself, Mr. Graham, and Ms. Ayotte) introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To enable States to opt out of certain provisions of the
Patient Protection and Affordable Care Act.
1.
Short
title
This Act may be cited as
the State Health Care Choice
Act.
2.
Purpose
It is the purpose of this Act to protect
States' rights and to ensure that States have the option to continue to
implement State laws relating to health care delivery and health insurance that
were in effect prior to the date of enactment of the Patient Protection and
Affordable Care Act (Public Law 111–148).
3.
Protection of
State flexibility to provide health coverage
(a)
State opt out
of certain provisions of PPACA
(1)
In
general
A State described in subsection (b) may elect to limit
the application of any or all of the provisions of the Patient Protection and
Affordable Care Act (Public Law 111–148) described in paragraph (2) with
respect to health insurance coverage within that State.
(2)
Provisions
described
The provisions of the Patient Protection and Affordable
Care Act described in this paragraph are as follows:
(A) Subtitles A
through C of title I (and the amendments made by such subtitles), except for
sections 1253 and 1254.
(B) Parts I, II, III,
and V of subtitle D of title I (and the amendments made by such parts).
(C) Part I of
subtitle E of title I (and the amendments made by such part).
(D) Subtitle F of
title I (and the amendments made by such part).
(E) Section 1561 (and
the amendment made by such section).
(F) Sections 10101
through 10107 (and the amendments made by such sections).
(b)
State
described
(1)
Enactment of
State law
A State described in this subsection is a State that
enacts a law after the date of enactment of this Act that—
(A) expresses the
intent of the State to opt out of one or more of the provisions of the Patient
Protection and Affordable Care Act (Public Law 111–148) described in subsection
(a);
(B) contains a list
of the provisions of such Act which will not apply to the State under the State
law; and
(C) expresses the
intent of the State to continue to administer health coverage-related laws as
in effect in the State on March 23, 2010, or that provides for the
implementation of related State laws enacted after such date.
(2)
Repeal
If
a State repeals a law described in paragraph (1), the provisions of the Patient
Protection and Affordable Care Act listed in such law shall apply with respect
to such State beginning on the date of such repeal.
(c)
Regulations
The
Secretary, in consultation with the Secretary of the Treasury, shall promulgate
regulations to provide for the implementation of this Act.