HR 118
112th CONGRESS
1st Session
H. R. 118
To amend the Patient Protection and Affordable Care Act to permit
a State to elect not to establish an American Health Benefit Exchange.
IN THE HOUSE OF REPRESENTATIVES
January 5, 2011
Mr. FLEMING introduced the following bill; which was referred to the Committee
on Energy and Commerce
A BILL
To amend the Patient Protection and Affordable Care Act to permit
a State to elect not to establish an American Health Benefit Exchange.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Stop the Federal Exchanges from Destroying States
Act' or the `STOP the FEDS Act'.
SEC. 2. STATE OPT OUT FROM AMERICAN HEALTH BENEFIT EXCHANGE REQUIREMENT.
(a) In General- Section 1311 of the Patient Protection and Affordable Care
Act (Public Law 111-148) is amended by adding at the end the following new
subsection:
`(1) IN GENERAL- A State may elect not to establish any required Exchange
for the State (or to cease the operation of all required Exchanges for the
State) if the State enacts a law that provides for such election.
`(2) TERMINATION OF OPT OUT- A State may repeal a law described in paragraph
(1) and provide for the establishment of an Exchange for the State.'.
(b) Conforming Amendments-
(1) Section 1311(b)(1) of the Patient Protection and Affordable Care Act
is amended by striking `Each State' and inserting `Subject to subsection
(l), each State'.
(2) Section 1321(c) of such Act is amended by adding at the end the following
sentence: `The preceding sentence shall not apply to a State that has in
effect a law described in section 1311(l).'.
END