Florida Senate - 2012                                    SB 1828
       
       
       
       By Senator Wise
       
       
       
       
       5-01132-12                                            20121828__
    1                        A bill to be entitled                      
    2         An act relating to the Health Care Compact; providing
    3         definitions; requiring member states of the compact to
    4         take action to secure the consent of Congress for the
    5         compact; asserting that member states of the compact
    6         have the primary responsibility to regulate health
    7         care in their respective states; authorizing member
    8         states to suspend the operation of federal laws and
    9         orders regarding health care; asserting the rights of
   10         member states to a certain amount of federal moneys;
   11         creating the Interstate Advisory Health Care
   12         Commission; specifying the membership and
   13         responsibilities of the commission; requiring
   14         congressional consent to the compact before it may
   15         take effect; authorizing member states to amend the
   16         compact under certain circumstances; authorizing
   17         member states to withdraw from the compact; providing
   18         an effective date.
   19  
   20         WEREAS, the separation of powers, both between the branches
   21  of the Federal Government and between federal and state
   22  authorities, is essential to the preservation of individual
   23  liberty, and
   24         WHEREAS, the United States Constitution creates a Federal
   25  Government of limited and enumerated powers, and reserves to the
   26  states or to the people those powers not granted to the Federal
   27  Government, and
   28         WHEREAS, the Federal Government has enacted many laws that
   29  have preempted state laws with respect to health care, and
   30  placed increasing strain on state budgets, impairing other
   31  responsibilities such as education, infrastructure, and public
   32  safety, and
   33         WHEREAS, the member states seek to protect individual
   34  liberty and personal control over health care decisions, and
   35  believe the best method to achieve these ends is by vesting
   36  regulatory authority over health care in the states, and
   37         WHEREAS, by acting in concert, the member states may
   38  express and inspire confidence in the ability of each member
   39  state to govern health care effectively, and
   40         WHEREAS, the member states recognize that consent of
   41  Congress may be more easily secured if the member states
   42  collectively seek consent through an interstate compact, NOW,
   43  THEREFORE,
   44  
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. The Health Care Compact.—
   48         (1) DEFINITIONS.—As used in this compact, unless the
   49  context clearly indicates otherwise, the term:
   50         (a) “Commission” means the Interstate Advisory Health Care
   51  Commission.
   52         (b) “Effective date” means the date upon which this compact
   53  takes effect for purposes of the operation of state and federal
   54  law in a member state, which shall be the later of the date upon
   55  which this compact:
   56         1. Is adopted under the laws of the member state; and
   57         2. Receives the consent of Congress pursuant to s. 10, Art.
   58  I of the United States Constitution and after at least two
   59  member states adopt this compact.
   60         (c) “Health care” means care, services, supplies, or plans
   61  related to the health of an individual and includes, but is not
   62  limited to:
   63         1. Preventive, diagnostic, therapeutic, rehabilitative,
   64  maintenance, or palliative care and counseling services,
   65  assessments, or procedures with respect to the physical or
   66  mental condition or functional status of an individual or
   67  affecting the structure or function of the body;
   68         2. Selling or dispensing a drug, device, equipment, or
   69  other item pursuant to a prescription; and
   70         3. An individual or group plan that provides, or pays the
   71  cost of, care, services, or supplies related to the health of an
   72  individual, except for any care, services, supplies, or plans
   73  provided by the United States Department of Defense and United
   74  States Department of Veterans Affairs or provided to Native
   75  Americans.
   76         (d) “Member state” means a state that is signatory to this
   77  compact and has adopted it under the laws of that state.
   78         (e)“Member state base funding level” means a number equal
   79  to the total federal spending on health care in the member state
   80  during the 2010 federal fiscal year. On or before the effective
   81  date, each member state shall determine the member state base
   82  funding level for its state, and that number is binding on that
   83  member state. The preliminary estimate of member state base
   84  funding level for the State of Florida is .......
   85         (f) “Member state current year funding level” means the
   86  member state base funding level multiplied by the member state
   87  current year population adjustment factor multiplied by the
   88  current year inflation adjustment factor.
   89         (g) “Member state current year population adjustment
   90  factor” means the average population of the member state in the
   91  current year less the average population of the member state in
   92  the 2010 federal fiscal year, divided by the average population
   93  of the member state in the 2010 federal fiscal year, plus 1. The
   94  average population in a member state shall be determined by the
   95  United States Census Bureau.
   96         (h) “Current year inflation adjustment factor” means the
   97  total gross domestic product deflator in the current year
   98  divided by the total gross domestic product deflator in the 2010
   99  federal fiscal year. The total gross domestic product deflator
  100  shall be determined by the Bureau of Economic Analysis of the
  101  United States Department of Commerce.
  102         (2) PLEDGE.—The member states shall take joint and separate
  103  action to secure the consent of Congress to this compact in
  104  order to return the authority to regulate health care to the
  105  member states consistent with the goals and principles
  106  articulated in this compact. The member states shall improve
  107  health care policy within their respective jurisdictions and
  108  according to the judgment and discretion of each member state.
  109         (3) LEGISLATIVE POWER.—The legislatures of the member
  110  states have the primary responsibility to regulate health care
  111  in their respective states.
  112         (4) STATE CONTROL.—Each member state, within its state, may
  113  suspend by legislation the operation of all federal laws, rules,
  114  regulations, and orders regarding health care which are
  115  inconsistent with the laws and regulations adopted by the member
  116  state pursuant to this compact. Federal and state laws, rules,
  117  regulations, and orders regarding health care shall remain in
  118  effect unless a member state expressly suspends them pursuant to
  119  its authority under this compact. If a federal law, rule,
  120  regulation, or order remains in effect in a member state after
  121  the effective date, that member state is responsible for the
  122  associated funding obligations in its state.
  123         (5) FUNDING.—
  124         (a) Each federal fiscal year, each member state is entitled
  125  to federal moneys up to an amount equal to its member state
  126  current year funding level for that federal fiscal year, funded
  127  by Congress as mandatory spending and not subject to annual
  128  appropriation, to support the exercise of member state authority
  129  under this compact. This funding may not be conditional on any
  130  action of or regulation, policy, law, or rule being adopted by
  131  the member state.
  132         (b)By the start of each federal fiscal year, Congress
  133  shall establish an initial member state current year funding
  134  level for each member state, based upon reasonable estimates.
  135  The final member state current year funding level shall be
  136  calculated, and funding shall be reconciled by Congress based
  137  upon information provided by each member state and audited by
  138  the United States Government Accountability Office.
  139         (6) INTERSTATE ADVISORY HEALTH CARE COMMISSION.—
  140         (a)The Interstate Advisory Health Care Commission is
  141  established. The commission consists of members appointed by
  142  each member state through a process to be determined by each
  143  member state. A member state may not appoint more than two
  144  members to the commission and may withdraw from membership in
  145  the commission at any time. Each commission member is entitled
  146  to one vote. The commission may not act unless a majority of the
  147  members are present, and no action is binding unless the action
  148  is approved by a majority of the commission’s total membership.
  149         (b) The commission may elect from among its membership a
  150  chairperson. The commission may adopt and publish bylaws and
  151  policies that are not inconsistent with this compact. The
  152  commission shall meet at least once a year, and may meet more
  153  frequently.
  154         (c)The commission may study issues of health care
  155  regulation that are of particular concern to the member states.
  156  The commission may make nonbinding recommendations to the member
  157  states. The legislatures of the member states may consider these
  158  recommendations in determining the appropriate health care
  159  policies in their respective states.
  160         (d)The commission shall collect information and data to
  161  assist the member states in their regulation of health care,
  162  including assessing the performance of various state health care
  163  programs and compiling information on the prices of health care.
  164  The commission shall make this information and data available to
  165  the legislatures of the member states.
  166         (e) Notwithstanding any other provision in this compact, a
  167  member state may not disclose to the commission the health
  168  information of any individual.
  169         (f) The commission shall be funded by the member states as
  170  agreed to by the member states. The commission shall have the
  171  responsibilities and duties as may be conferred upon it by
  172  subsequent action of the respective legislatures of the member
  173  states pursuant to the terms of this compact.
  174         (g)The commission may not take any action within a member
  175  state which contravenes any state law of that member state.
  176         (7) CONGRESSIONAL CONSENT.—This compact takes effect upon
  177  its adoption by at least two member states and with the consent
  178  of Congress. This compact is effective unless the Congress, in
  179  consenting to this compact, alters the fundamental purposes of
  180  this compact, which are to:
  181         (a)Secure the right of the member states to regulate
  182  health care in their respective states pursuant to this compact
  183  and to suspend the operation of any conflicting federal laws,
  184  rules, regulations, and orders within their states; and
  185         (b) Secure federal funding for member states that choose to
  186  invoke their authority under this compact, as prescribed by
  187  subsection (5).
  188         (8) AMENDMENTS.—The member states, by unanimous agreement,
  189  may amend this compact from time to time without the prior
  190  consent or approval of Congress and any amendment is effective
  191  unless, within 1 year, the Congress disapproves that amendment.
  192  After the date that Congress consents to this compact, any state
  193  may join the compact by adopting the compact into law under its
  194  State Constitution.
  195         (9) WITHDRAWAL; DISSOLUTION.—Any member state may withdraw
  196  from this compact by adopting a law to that effect, but the
  197  withdrawal may not take effect until 6 months after the Governor
  198  of the withdrawing member state has given notice of the
  199  withdrawal to the other member states. A withdrawing member
  200  state is liable for any obligations that it may have incurred
  201  before the date on which its withdrawal becomes effective. This
  202  compact is dissolved upon the withdrawal of all but one of the
  203  member states.
  204         Section 2. This act shall take effect July 1, 2012.