,i #aadth ,,congress #ast ,session ,h4 ,r4 #cbda ,,in ,,the ,,house ,,of ,,representatives ,july #bh1 #bjae ,mr4 ,mc,dermott introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,ways and ,means1 ,oversight and ,government ,reform1 ,armed ,services1 and ,education and the ,workforce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title ,i of the ,patient ,protection and ,affordable ,care ,act to authorize the establishment of1 and provide support for1 ,state-based universal health care systems that provide comprehensive health benefits to ,state residents1 and for other purposes4 #a4 ,short title2 purpose 7a7 ,short title ,this ,act may be cited as the ,state-,based ,universal ,health ,care ,act of #bjae4 7b7 ,purpose ,the purpose of this ,act is to establish a flexible framework under which each ,state can provide comprehensive universal health coverage to all of its residents4 #b4 ,waiver for ,state universal health care 7a7 ,in general ,subtitle ,d of title ,i of the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh7 is amended by inserting after section #accb 7#db ,u4,s4,c4 #ahjeb7 the following new section3 #accb;,a4 ,waiver for ,state universal health care 7a7 ,application 7#a7 ,in general ,a ,state may apply to the ,secretary 7as defined in subsection 7g77#c77 for the waiver of so much of the requirements described in paragraph 7#b7 with respect to health benefits coverage within that ,state for plan years beginning on or after ,january #a1 #bjaf1 as is necessary to implement a comprehensive ,state universal health care plan in the ,state under this section4 ,such application shall-- 7,a7 be filed at such time and in such manner as the ,secretary may require2 7,b7 contain such information as the ,secretary may require1 including-- 7i7 a comprehensive description of the ,state legislation and program to implement a plan meeting the requirements for a waiver under this section2 and 7ii7 a #aj-;fiscal-year budget plan for such plan that is budget neutral for the ,federal ,government2 and 7,c7 provide an assurance that the ,state has enacted the law described in subsection 7b77#b74 7#b7 ,requirements ,the requirements described in this paragraph with respect to health benefits coverage within the ,state for plan years beginning on or after ,january #a1 #bjaf1 are as follows3 7,a7 ,parts ,i1 ,,ii1 and ,,iii of subtitle ,d4 7,b7 ,section #adjb4 7,c7 ,sections #cf;,b1 #dihj;,h1 and #ejjj;,a of the ,internal ,revenue ,code of #aihf4 7,d7 ,title ,,xi of the ,social ,security ,act4 7,e7 ,title ,,xviii of the ,social ,security ,act4 7,f7 ,title ,,xix of the ,social ,security ,act4 7,g7 ,title ,,xxi of the ,social ,security ,act4 7,h7 ,chapter #hi of title #e of the ,united ,states ,code4 7,i7 ,chapter #ee of title #aj1 ,united ,states ,code1 including coverage under the ,,tricare program4 7,j7 ,section #ead of the ,employee ,retirement ,income ,security ,act of #aigd4 7#c7 ,pass through of funding ,with respect to a ,state waiver under paragraph 7#a71 under which the ,state assumes responsibility for health coverage under a specified ,federal health program1 including under each of the ,federal health care or subsidy programs specified in subparagraphs 7,b71 7,c71 7,e71 7,f71 7,g71 and 7,h7 of paragraph 7#b71 the ,secretary shall not spend ,federal health funds that would otherwise have been spent for such program and shall provide for an alternative means by which the aggregate amount of such funds shall be paid to the ,state for purposes of implementing the ,state plan under the waiver4 ,such amount shall be determined annually by the ,secretary1 taking into account the amount that would otherwise have been spent under such ,federal health program with respect to residents of such ,state1 if such waiver did not apply4 ,such amount shall include funds equal to the amount of premium tax credits1 cost-sharing reductions1 or small-business credits under sections #cf;,b and #de,r of the ,internal ,revenue ,code of #aihf or under section #adjb that would have been available to individuals and businesses in the ,state if such waiver did not apply4 7#d7 ,waiver consideration and transparency 7,a7 ,in general ,an application for a waiver under this section shall be considered by the ,secretary in accordance with the regulations described in subparagraph 7,b74 7,b7 ,regulations ,not later than #ahj days after the date of enactment of the ,state-,based ,universal ,health ,care ,act of #bjae1 the ,secretary shall promulgate regulations relating to waivers under this section that provide-- 7i7 a process for public notice and comment at the ,state level1 including public hearings1 sufficient to ensure a meaningful level of public input2 7ii7 a process for the submission of an application that ensures the disclosure of-- 7,i7 the provisions of law that the ,state involved seeks to waive2 and 7,,ii7 the specific plans of the ,state to ensure that the waiver will be in compliance with subsection 7b72 7iii7 a process for providing public notice and comment after the application is received by the ,secretary1 that is sufficient to ensure a meaningful level of public input and that does not impose requirements that are in addition to1 or duplicative of1 requirements imposed under the ,administrative ,procedure ,act1 or requirements that are unreasonable or unnecessarily burdensome with respect to ,state compliance2 7iv7 a process for the submission to the ,secretary of periodic reports by the ,state concerning the implementation of the program under the waiver2 and 7v7 a process for the periodic evaluation by the ,secretary with respect to waivers granted under this section4 7,c7 ,report ,the ,secretary shall annually report to ,congress concerning actions taken by the ,secretary with respect to applications for waivers1 and programs conducted through waivers granted1 under this section4 7b7 ,granting of waivers 7#a7 ,in general ,the ,secretary may grant a request for a waiver under subsection 7a77#a7 only if the ,secretary determines that the ,state plan-- 7,a7 will provide health benefits coverage to ,state residents that is at least as comprehensive as the health benefits coverage that such residents would have received under the specified ,federal health program for which such residents would have been eligible1 absent such waiver2 7,b7 will provide coverage and cost sharing protections against excessive out-of-pocket spending to ,state residents that are at least as affordable as the coverage and cost sharing protections under the specified ,federal health program for which such residents would have been eligible1 absent such waiver2 7,c7 will provide coverage to substantially all residents of the ,state1 including substantially all those otherwise covered under the ,federal health care or subsidy programs specified in subparagraphs 7,b71 7,c71 7,e71 7,f71 7,g71 and 7,h7 of subsection 7a77#b71 except individuals who are eligible for benefits through the ,indian ,health ,service or for benefits and services under title #ch1 ,united ,states ,code2 7,d7 will be publicly administered by an agency of the ,state2 and 7,e7 will not increase the ,federal deficit4 ,subparagraph 7,d7 shall not be construed as limiting a ,state from contracting with one or more private entities to administer the plan4 7#b7 ,requirement to enact a law 7,a7 ,in general ,a law described in this paragraph is a ,state law that provides for ,state actions under a waiver under this section1 including the implementation of the ,state plan under subsection 7a77#a77;,b74 7,b7 ,termination of opt out ,a ,state may repeal a law described in subparagraph 7,a7 and terminate the authority provided under the waiver with respect to the ,state4 7c7 ,scope of waiver 7#a7 ,in general ,the ,secretary shall determine the scope of a waiver of a requirement described in subsection 7a77#b7 granted to a ,state under subsection 7a77#a74 7#b7 ,limitation ,under this section1 the ,secretary may not waive any ,federal law or requirement that is not listed in subsection 7a77#b74 7d7 ,determinations by ,secretary 7#a7 ,time for determination ,the ,secretary shall make a determination under subsection 7a77#a7 not later than #ahj days after the receipt of an application from a ,state under such subsection4 7#b7 ,effect of ,determination 7,a7 ,granting of waivers ,if the ,secretary determines to grant a waiver under subsection 7a77#a71 the ,secretary shall notify the ,state involved of such determination and the terms and effectiveness of such waiver4 7,b7 ,denial of waiver ,if the ,secretary determines a waiver should not be granted under subsection 7a77#a71 the ,secretary shall notify the ,state involved and the appropriate committees of ,congress of such determination and the reasons therefor4 7e7 ,term of waiver ,no waiver under this section may extend over a period of longer than #e years unless the ,state requests continuation of such waiver1 and such request shall be deemed granted unless the ,secretary1 within #ij days after the date of its submission to the ,secretary1 either denies such request in writing or informs the ,state in writing with respect to any additional information which is needed in order to make a final determination with respect to the request4 7f7 ,assuring coordination 7#a7 ,in general ,not later than #ahj days after the enactment of the ,state-,based ,universal ,health ,care ,act of #bjae1 the ,secretary of ,health and ,human ,services1 the ,secretary of the ,treasury1 the ,director of the ,office of ,personnel ,management1 the ,secretary of ,defense1 and the ,secretary of ,labor shall1 through the execution of an interagency memorandum of understanding among such ,secretaries and the ,director-- 7,a7 develop a process for coordinating and consolidating the ,state waiver processes applicable under the provisions of this section1 and the existing waiver processes applicable under-- 7i7 titles ,,xi1 ,,xviii1 ,,xix1 and ,,xxi of the ,social ,security ,act2 and 7ii7 any other ,federal law relating to the provision of health care items or services2 and 7,b7 ensure that-- 7i7 regulations 7including regulations required under subsection 7a77#d77;,b771 rulings1 and interpretations issued by such ,secretaries and the ,director relating to the same matter over which two or more such ,secretaries or ,director have responsibility under this section are administered so as to have the same effect at all times2 and 7ii7 coordination of policies relating to the granting1 implementation1 and continuation of waivers through such ,secretaries and ,director in order to have a coordinated strategy that avoids duplication of effort by the ,states or ,secretaries and ,director and ensures clarity about waiver application status and approval4 7#b7 ,single application ,the process under paragraph 7#a77;,a7 shall permit a ,state to submit a single application for a waiver under all of the provisions of this section and the provisions of law listed under clauses 7i7 and 7ii7 of such paragraph4 7#c7 ,submission of conforming amendments ,the ,secretary of ,health and ,human ,services1 in coordination with the other ,secretaries 7including the ,director of the ,office of ,personnel ,management71 shall submit to ,congress such recommendations for such technical and conforming amendments to law as may be appropriate to assist in the implementation of this section4 7g7 ,definitions ,in this section3 7#a7 ,health benefits coverage ,the term health benefits coverage-- 7,a7 means-- 7i7 health insurance coverage1 as such term is defined in section #bgia7;b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ia7;b772 and 7ii7 coverage under a group health plan1 as such term is defined in section #bgia7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ia7;a772 and 7,b7 includes any medical coverage or health benefits provided under any specified ,federal health program described in subparagraphs 7,a7 through 7,e7 of paragraph 7#d74 7#b7 ,resident ,with respect to a ,state1 the term resident means an individual who is a citizen or national of the ,united ,states or an alien lawfully residing in the ,state1 and whose primary residence 7as defined by the ,state7 is located in the ,state4 7#c7 ,secretary ,the term ,secretary means-- 7,a7 the ,secretary of ,health and ,human ,services with respect to waivers relating to the provisions described in subparagraphs 7,a71 7,b71 and 7,d7 through 7,g7 of paragraph 7#b7 of subsection 7a72 7,b7 the ,secretary of the ,treasury with respect to waivers relating to the provisions described in subparagraph 7,c7 of such paragraph2 7,c7 the ,director of the ,office of ,personnel ,management with respect to waivers relating to the provisions described in subparagraph 7,h7 of such paragraph2 7,d7 the ,secretary of ,defense with respect to waivers relating to the provisions described in subparagraph 7,i7 of such paragraph2 and 7,e7 the ,secretary of ,labor with respect to waivers relating to the provisions described in subparagraph 7,j7 of such paragraph4 7#d7 ,specified ,federal health program ,the term specified ,federal health program means all of the following programs3 7,a7 ,the ,medicare program under title ,,xviii of the ,social ,security ,act4 7,b7 ,the ,medicaid program under title ,,xix of the ,social ,security ,act4 7,c7 ,the ,children's ,health ,insurance ,program under title ,,xxi of the ,social ,security ,act4 7,d7 ,the ,federal ,employees ,health ,benefits ,plan under chapter #hi of title #e of the ,united ,states ,code4 7,e7 ,medical coverage under chapter #ee of title #aj1 ,united ,states ,code1 including coverage under the ,,tricare program4 7,f7 ,an ,exchange established under this subtitle4 7,g7 ,subsidies under section #adjb4 7,h7 ,tax credits under sections #cf;,b and #de,r of the ,internal ,revenue ,code of #aihf4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by inserting after the item relating to section #accb the following new item3 ,sec4 #accb;,a4 ,waiver for ,state universal health care4 4