S 73
112th CONGRESS
1st Session
S. 73
To provide for an earlier start for State health care coverage
innovation waivers under the Patient Protection and Affordable Care
Act, and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, January 5), 2011
Mr. SANDERS (for himself and Mr. LEAHY) introduced the following bill;
which was read twice and referred to the Committee on Finance
A BILL
To provide for an earlier start for State health care coverage
innovation waivers under the Patient Protection and Affordable Care
Act, and for other purposes.
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 Leadership in Health Care Act'.
SEC. 2. EARLIER START FOR STATE HEALTH CARE COVERAGE INNOVATION WAIVERS.
(a) In General- Section 1332 of the Patient Protection and Affordable
Care Act (42 U.S.C. 18052) is amended--
(1) in subsection (a)(1), by striking `January 1, 2017' and inserting
`January 1, 2014'; and
(2) by amending subsection (e) to read as follows:
`(1) IN GENERAL- No waiver under this section may extend over a period
of more than 5 years unless the State requests continuation of such
waiver and such request is granted by the Secretary under paragraph
(2).
`(2) APPROVAL OF REQUEST-
`(A) IN GENERAL- A request under paragraph (1) shall be deemed granted
unless the Secretary, not later than 90 days after the date of submission
to the Secretary of such request, either denies such request in
writing or informs the State in writing with respect to any additional
information that is needed in order to make a final determination
with respect to the request.
`(B) DENIAL OF REQUEST- The Secretary may deny such a request only
if the Secretary--
`(i) determines that the State plan under the waiver to be continued
did not meet the requirements under subsection (b);
`(ii) notifies the State in writing of the requirements under
subsection (b) that the State plan did not meet and provides to
the State the information used by the Secretary in making that
determination; and
`(iii) provides the State with an opportunity to appeal such determination
and provide information as to how such requirements were met.
`(C) RECONSIDERATION OF REQUEST- In the case of an appeal described
in subparagraph (B)(iii), the Secretary shall consider any information
provided under such clause and reconsider the determination made
under subparagraph (B)(i), and shall issue a written decision on
such appeal not later than 60 days after the date on which the Secretary
receives notice of such appeal. The Secretary shall grant the request
if the Secretary determines upon reconsideration that the State
plan meets such requirements.'.
END
