Bill Text: OH HB227 | 2013-2014 | 130th General Assembly | Comm Sub

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Bill Title: To enter into the Health Care Compact.

Spectrum: Partisan Bill (Republican 18-0)

Status: (Introduced - Dead) 2014-04-02 - Committee Report [HB227 Detail]

Download: Ohio-2013-HB227-Comm_Sub.html

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As Reported by the House State and Local Government Committee

130th General Assembly Regular Session 2013-2014

H. B. No. 227

Representatives Retherford, Boose 

Cosponsors: Representatives Brenner, Hood, Becker, Young, Thompson, Adams, J., Beck, Buchy, Gonzales, Huffman, Lynch, Maag, Roegner, Wachtmann, Butler, Romanchuk 

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A BILL

To enact sections 190.01 and 190.02 of the Revised

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Code to enter into the Health Care Compact.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 190.01 and 190.02 of the Revised	3
Code be enacted to read as follows:	4

Sec. 190.01.  "The Health Care Compact" is hereby ratified,	5
enacted into law, and entered into by the state of Ohio as a party	6
to the compact with any other state that has legally joined in the	7
compact as follows:	8

Whereas, the separation of powers, both between the branches	9
of the Federal government and between Federal and State authority,	10
is essential to the preservation of individual liberty;	11

Whereas, the Constitution creates a Federal government of	12
limited and enumerated powers, and reserves to the States or to	13
the people those powers not granted to the Federal government;	14

Whereas, the Federal government has enacted many laws that	15
have preempted State laws with respect to Health Care, and placed	16
increasing strain on State budgets, impairing other	17
responsibilities such as education, infrastructure, and public	18
safety;	19

Whereas, the Member States seek to protect individual liberty	20
and personal control over Health Care decisions, and believe the	21
best method to achieve these ends is by vesting regulatory	22
authority over Health Care in the States;	23

Whereas, by acting in concert, the Member States may express	24
and inspire confidence in the ability of each Member State to	25
govern Health Care effectively; and	26

Whereas, the Member States recognize that consent of Congress	27
may be more easily secured if the Member States collectively seek	28
consent through an interstate compact;	29

NOW THEREFORE, the Member States hereto resolve, and by the	30
adoption into law under their respective State Constitutions of	31
this Health Care Compact, agree, as follows:	32

Sec. 1. Definitions. As used in this Compact, unless the	33
context clearly indicates otherwise:	34

"Commission" means the Interstate Advisory Health Care	35
Commission.	36

"Effective Date" means the date upon which this Compact shall	37
become effective for purposes of the operation of State and	38
Federal law in a Member State, which shall be the later of:	39

(a) the date upon which this Compact shall be adopted under	40
the laws of the Member State, and	41

(b) the date upon which this Compact receives the consent of	42
Congress pursuant to Article I, Section 10, of the United States	43
Constitution, after at least two Member States adopt this Compact.	44

"Health Care" means care, services, supplies, or plans	45
related to the health of an individual and includes but is not	46
limited to:	47

(a) preventive, diagnostic, therapeutic, rehabilitative,	48
maintenance, or palliative care and counseling, service,	49
assessment, or procedure with respect to the physical or mental	50
condition or functional status of an individual or that affects	51
the structure or function of the body, and	52

(b) sale or dispensing of a drug, device, equipment, or other	53
item in accordance with a prescription, and	54

(c) an individual or group plan that provides, or pays the	55
cost of, care, services, or supplies related to the health of an	56
individual,	57

except any care, services, supplies, or plans provided by the	58
United States Department of Defense and United States Department	59
of Veteran Affairs, or provided to Native Americans.	60

"Member State" means a State that is signatory to this	61
Compact and has adopted it under the laws of that State.	62

"Member State Base Funding Level" means a number equal to the	63
total Federal spending on Health Care in the Member State during	64
Federal fiscal year 2010. On or before the Effective Date, each	65
Member State shall determine the Member State Base Funding Level	66
for its State, and that number shall be binding upon that Member	67
State. The preliminary estimate of Member State Base Funding Level	68
for the State of Ohio is $35,043,000,000.	69

"Member State Current Year Funding Level" means the Member	70
State Base Funding Level multiplied by the Member State Current	71
Year Population Adjustment Factor multiplied by the Current Year	72
Inflation Adjustment Factor.	73

"Member State Current Year Population Adjustment Factor"	74
means the average population of the Member State in the current	75
year less the average population of the Member State in Federal	76
fiscal year 2010, divided by the average population of the Member	77
State in Federal fiscal year 2010, plus 1. Average population in a	78
Member State shall be determined by the United States Census	79
Bureau.	80

"Current Year Inflation Adjustment Factor" means the Total	81
Gross Domestic Product Deflator in the current year divided by the	82
Total Gross Domestic Product Deflator in Federal fiscal year 2010.	83
Total Gross Domestic Product Deflator shall be determined by the	84
Bureau of Economic Analysis of the United States Department of	85
Commerce.	86

Sec. 2. Pledge. The Member States shall take joint and	87
separate action to secure the consent of the United States	88
Congress to this Compact in order to return the authority to	89
regulate Health Care to the Member States consistent with the	90
goals and principles articulated in this Compact. The Member	91
States shall improve Health Care policy within their respective	92
jurisdictions and according to the judgment and discretion of each	93
Member State.	94

Sec. 3. Legislative Power. The legislatures of the Member	95
States have the primary responsibility to regulate Health Care in	96
their respective States.	97

Sec. 4. State Control. Each Member State, within its State,	98
may suspend by legislation the operation of all federal laws,	99
rules, regulations, and orders regarding Health Care that are	100
inconsistent with the laws and regulations adopted by the Member	101
State pursuant to this Compact. Federal and State laws, rules,	102
regulations, and orders regarding Health Care will remain in	103
effect unless a Member State expressly suspends them pursuant to	104
its authority under this Compact. For any federal law, rule,	105
regulation, or order that remains in effect in a Member State	106
after the Effective Date, that Member State shall be responsible	107
for the associated funding obligations in its State.	108

Sec. 5. Funding.

109

(a) Each Federal fiscal year, each Member State shall have	110
the right to Federal monies up to an amount equal to its Member	111
State Current Year Funding Level for that Federal fiscal year,	112
funded by Congress as mandatory spending and not subject to annual	113
appropriation, to support the exercise of Member State authority	114
under this Compact. This funding shall not be conditional on any	115
action of or regulation, policy, law, or rule being adopted by the	116
Member State.	117

(b) By the start of each Federal fiscal year, Congress shall	118
establish an initial Member State Current Year Funding Level for	119
each Member State, based upon reasonable estimates. The final	120
Member State Current Year Funding Level shall be calculated, and	121
funding shall be reconciled by the United States Congress based	122
upon information provided by each Member State and audited by the	123
United States Government Accountability Office.	124

Sec. 6. Interstate Advisory Health Care Commission.

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(a) The Interstate Advisory Health Care Commission is	126
established. The Commission consists of members appointed by each	127
Member State through a process to be determined by each Member	128
State. A Member State may not appoint more than two members to the	129
Commission and may withdraw membership from the Commission at any	130
time. Each Commission member is entitled to one vote. The	131
Commission shall not act unless a majority of the members are	132
present, and no action shall be binding unless approved by a	133
majority of the Commission's total membership.	134

(b) The Commission may elect from among its membership a	135
Chairperson. The Commission may adopt and publish bylaws and	136
policies that are not inconsistent with this Compact. The	137
Commission shall meet at least once a year, and may meet more	138
frequently.	139

(c) The Commission may study issues of Health Care regulation	140
that are of particular concern to the Member States. The	141
Commission may make non-binding recommendations to the Member	142
States. The legislatures of the Member States may consider these	143
recommendations in determining the appropriate Health Care	144
policies in their respective States.	145

(d) The Commission shall collect information and data to	146
assist the Member States in their regulation of Health Care,	147
including assessing the performance of various State Health Care	148
programs and compiling information on the prices of Health Care.	149
The Commission shall make this information and data available to	150
the legislatures of the Member States. Notwithstanding any other	151
provision in this Compact, no Member State shall disclose to the	152
Commission the health information of any individual, nor shall the	153
Commission disclose the health information of any individual.	154

(e) The Commission shall be funded by the Member States as	155
agreed to by the Member States. The Commission shall have the	156
responsibilities and duties as may be conferred upon it by	157
subsequent action of the respective legislatures of the Member	158
States in accordance with the terms of this Compact.	159

(f) The Commission shall not take any action within a Member	160
State that contravenes any State law of that Member State.	161

Sec. 7. Congressional Consent. This Compact shall be	162
effective on its adoption by at least two Member States and	163
consent of the United States Congress. This Compact shall be	164
effective unless the United States Congress, in consenting to this	165
Compact, alters the fundamental purposes of this Compact, which	166
are:	167

(a) To secure the right of the Member States to regulate	168
Health Care in their respective States pursuant to this Compact	169
and to suspend the operation of any conflicting federal laws,	170
rules, regulations, and orders within their States; and	171

(b) To secure Federal funding for Member States that choose	172
to invoke their authority under this Compact, as prescribed by	173
Section 5 above.	174

Sec. 8. Amendments. The Member States, by unanimous	175
agreement, may amend this Compact from time to time without the	176
prior consent or approval of Congress and any amendment shall be	177
effective unless, within one year, the Congress disapproves that	178
amendment. Any State may join this Compact after the date on which	179
Congress consents to the Compact by adoption into law under its	180
State Constitution.	181

Sec. 9. Withdrawal; Dissolution. Any Member State may	182
withdraw from this Compact by adopting a law to that effect, but	183
no such withdrawal shall take effect until six months after the	184
Governor of the withdrawing Member State has given notice of the	185
withdrawal to the other Member States. A withdrawing State shall	186
be liable for any obligations that it may have incurred prior to	187
the date on which its withdrawal becomes effective. This Compact	188
shall be dissolved upon the withdrawal of all but one of the	189
Member States.	190

Sec. 190.02.  Not later than thirty days after "The Health	191
Care Compact" entered into under section 190.01 of the Revised	192
Code is ratified by the United States congress, the governor shall	193
appoint a member to the interstate advisory health care commission	194
created under the compact. The governor shall fill a vacancy not	195
later than thirty days after the vacancy occurs.	196