S 244

112th CONGRESS
1st Session

S. 244

To enable States to opt out of certain provisions of the Patient Protection and Affordable Care Act.

IN THE SENATE OF THE UNITED STATES

February 1, 2011

Mr. BARRASSO (for himself and Mr. GRAHAM) 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.

    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 `State Health Care Choice Act'.

SEC. 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).

SEC. 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 2001 through 2006 and subtitle C of title II (and the amendments made by such sections and subtitle).

        (G) 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.

END