HR 439
112th CONGRESS
1st Session
H. R. 439
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 HOUSE OF REPRESENTATIVES
January 25, 2011
Mr. WELCH introduced the following bill; which was referred to the Committee
on Energy and Commerce, and in addition to the Committee on Ways and Means,
for a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the committee
concerned
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
