Bill Text: TX HB5 | 2011 | 82nd Legislature 1st Special | Engrossed
Bill Title: Relating to the Interstate Health Care Compact.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2011-06-17 - Received from the House [HB5 Detail]
Download: Texas-2011-HB5-Engrossed.html
| By: Kolkhorst, Creighton, Bonnen | H.B. No. 5 | |
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| relating to the Interstate Health Care Compact. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 15, Insurance Code, is amended by adding | ||
| Chapter 5002 to read as follows: | ||
| CHAPTER 5002. INTERSTATE HEALTH CARE COMPACT | ||
| Sec. 5002.001. EXECUTION OF COMPACT. This state enacts the | ||
| Interstate Health Care Compact and enters into the compact with all | ||
| other states legally joining in the compact in substantially the | ||
| following form: | ||
| 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 liberty; | ||
| Whereas, the 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; | ||
| NOW THEREFORE, the Member States hereto resolve, and by the | ||
| adoption into law under their respective State Constitutions of | ||
| this Health Care Compact, agree, as follows: | ||
| Sec. 1. Definitions. As used in this Compact, unless the context | ||
| clearly indicates otherwise: | ||
| "Commission" means the Interstate Advisory Health Care Commission. | ||
| "Effective Date" means the date upon which this Compact shall | ||
| become effective for purposes of the operation of State and Federal | ||
| law in a Member State, which shall be the later of: | ||
| a) the date upon which this Compact shall be adopted | ||
| under the laws of the Member State, and | ||
| b) the date upon which this Compact receives the | ||
| consent of Congress pursuant to Article I, Section 10, | ||
| of the United States Constitution, after at least two | ||
| Member States adopt this Compact. | ||
| "Health Care" means care, services, supplies, or plans related to | ||
| the health of an individual and includes but is not limited to: | ||
| (a) preventive, diagnostic, therapeutic, rehabilitative, | ||
| maintenance, or palliative care and counseling, service, | ||
| assessment, or procedure with respect to the physical or mental | ||
| condition or functional status of an individual or that affects the | ||
| structure or function of the body, and | ||
| (b) sale or dispensing of a drug, device, equipment, or other item | ||
| in accordance with a prescription, and | ||
| (c) an individual or group plan that provides, or pays the cost of, | ||
| care, services, or supplies related to the health of an individual, | ||
| except any care, services, supplies, or plans provided by the | ||
| United States Department of Defense and United States Department of | ||
| Veteran Affairs, or provided to Native Americans. | ||
| "Member State" means a State that is signatory to this Compact and | ||
| has adopted it under the laws of that State. | ||
| "Member State Base Funding Level" means a number equal to the total | ||
| Federal spending on Health Care in the Member State during Federal | ||
| fiscal year 2010. On or before the Effective Date, each Member State | ||
| shall determine the Member State Base Funding Level for its State, | ||
| and that number shall be binding upon that Member State. | ||
| "Member State Current Year Funding Level" means the Member State | ||
| Base Funding Level multiplied by the Member State Current Year | ||
| Population Adjustment Factor multiplied by the Current Year | ||
| Inflation Adjustment Factor. | ||
| "Member State Current Year Population Adjustment Factor" means the | ||
| average population of the Member State in the current year less the | ||
| average population of the Member State in Federal fiscal year 2010, | ||
| divided by the average population of the Member State in Federal | ||
| fiscal year 2010, plus 1. Average population in a Member State shall | ||
| be determined by the United States Census Bureau. | ||
| "Current Year Inflation Adjustment Factor" means the Total Gross | ||
| Domestic Product Deflator in the current year divided by the Total | ||
| Gross Domestic Product Deflator in Federal fiscal year 2010. Total | ||
| Gross Domestic Product Deflator shall be determined by the Bureau | ||
| of Economic Analysis of the United States Department of Commerce. | ||
| Sec. 2. Pledge. The Member States shall take joint and separate | ||
| action to secure the consent of the United States Congress to this | ||
| Compact in order to return the authority to regulate Health Care to | ||
| the Member States consistent with the goals and principles | ||
| articulated in this Compact. The Member States shall improve Health | ||
| Care policy within their respective jurisdictions and according to | ||
| the judgment and discretion of each Member State. | ||
| Sec. 3. Legislative Power. The legislatures of the Member States | ||
| have the primary responsibility to regulate Health Care in their | ||
| respective States. | ||
| Sec. 4. State Control. Each Member State, within its State, may | ||
| suspend by legislation the operation of all federal laws, rules, | ||
| regulations, and orders regarding Health Care that are inconsistent | ||
| with the laws and regulations adopted by the Member State pursuant | ||
| to this Compact. Federal and State laws, rules, regulations, and | ||
| orders regarding Health Care will remain in effect unless a Member | ||
| State expressly suspends them pursuant to its authority under this | ||
| Compact. For any federal law, rule, regulation, or order that | ||
| remains in effect in a Member State after the Effective Date, that | ||
| Member State shall be responsible for the associated funding | ||
| obligations in its State. | ||
| Sec. 5. Funding. | ||
| (a) Each Federal fiscal year, each Member State shall have the | ||
| right to Federal monies up to an amount equal to its Member State | ||
| Current Year Funding Level for that Federal fiscal year, funded by | ||
| Congress as mandatory spending and not subject to annual | ||
| appropriation, to support the exercise of Member State authority | ||
| under this Compact. This funding shall 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, Congress shall | ||
| establish an initial Member State Current Year Funding Level for | ||
| each Member State, based upon reasonable estimates. The final | ||
| Member State Current Year Funding Level shall be calculated, and | ||
| funding shall be reconciled by the United States Congress based | ||
| upon information provided by each Member State and audited by the | ||
| United States Government Accountability Office. | ||
| Sec. 6. Interstate Advisory Health Care Commission. | ||
| (a) The Interstate Advisory Health Care Commission is | ||
| established. The Commission consists of members appointed by each | ||
| Member State through a process to be determined by each Member | ||
| State. A Member State may not appoint more than two members to the | ||
| Commission and may withdraw membership from the Commission at any | ||
| time. Each Commission member is entitled to one vote. The | ||
| Commission shall not act unless a majority of the members are | ||
| present, and no action shall be binding unless approved by a | ||
| majority of the Commission's total membership. | ||
| (b) The Commission may elect from among its membership a | ||
| Chairperson. The Commission may adopt and publish bylaws and | ||
| policies that are not inconsistent with this Compact. The | ||
| Commission shall meet at least once a year, and may meet more | ||
| frequently. | ||
| (c) The Commission may study issues of Health Care regulation that | ||
| are of particular concern to the Member States. The Commission may | ||
| make non-binding recommendations to the Member States. The | ||
| legislatures of the Member States may consider these | ||
| recommendations in determining the appropriate Health Care | ||
| policies in their respective States. | ||
| (d) The Commission shall collect information and data to assist | ||
| the Member States in their regulation of Health Care, including | ||
| assessing the performance of various State Health Care programs and | ||
| compiling information on the prices of Health Care. The Commission | ||
| shall make this information and data available to the legislatures | ||
| of the Member States. Notwithstanding any other provision in this | ||
| Compact, no Member State shall disclose to the Commission the | ||
| health information of any individual, nor shall the Commission | ||
| disclose the health information of any individual. | ||
| (e) The Commission shall be funded by the Member States as agreed | ||
| to by the Member States. The Commission shall have the | ||
| responsibilities and duties as may be conferred upon it by | ||
| subsequent action of the respective legislatures of the Member | ||
| States in accordance with the terms of this Compact. | ||
| (f) The Commission shall not take any action within a Member State | ||
| that contravenes any State law of that Member State. | ||
| Sec. 7. Congressional Consent. This Compact shall be effective on | ||
| its adoption by at least two Member States and consent of the United | ||
| States Congress. This Compact shall be effective unless the United | ||
| States Congress, in consenting to this Compact, alters the | ||
| fundamental purposes of this Compact, which are: | ||
| (a) To secure the right of the Member States to regulate Health | ||
| Care in their respective States pursuant to this Compact and to | ||
| suspend the operation of any conflicting federal laws, rules, | ||
| regulations, and orders within their States; and | ||
| (b) To secure Federal funding for Member States that choose to | ||
| invoke their authority under this Compact, as prescribed by Section | ||
| 5 above. | ||
| Sec. 8. Amendments. The Member States, by unanimous agreement, | ||
| may amend this Compact from time to time without the prior consent | ||
| or approval of Congress and any amendment shall be effective | ||
| unless, within one year, the Congress disapproves that amendment. | ||
| Any State may join this Compact after the date on which Congress | ||
| consents to the Compact by adoption into law under its State | ||
| Constitution. | ||
| Sec. 9. Withdrawal; Dissolution. Any Member State may withdraw | ||
| from this Compact by adopting a law to that effect, but no such | ||
| withdrawal shall take effect until six months after the Governor of | ||
| the withdrawing Member State has given notice of the withdrawal to | ||
| the other Member States. A withdrawing State shall be liable for any | ||
| obligations that it may have incurred prior to the date on which its | ||
| withdrawal becomes effective. This Compact shall be dissolved upon | ||
| the withdrawal of all but one of the Member States. | ||
| Sec. 5002.002. IMPLEMENTATION IN TEXAS. The legislature | ||
| may not implement the Interstate Health Care Compact in any manner | ||
| that negatively affects or impacts any entitlement to Medicare | ||
| benefits to senior adults in this state. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect on the 91st day after the last day of the | ||
| legislative session. | ||
