SF 1933

as introduced - 87th Legislature (2011 - 2012) Posted on 04/27/2012 08:35am

A bill for an act
relating to health care; creating a health care compact; proposing coding for new
law as Minnesota Statutes, chapter 143.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [143.01] HEALTH CARE COMPACT.
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new text begin The Health Care Compact is entered into and enacted into law with all jurisdictions
legally joining therein, in the form substantially as follows:
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new text begin ARTICLE 1
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new text begin DEFINITIONS
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new text begin As used in this compact, unless the context clearly indicates otherwise:
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new text begin (a) "Commission" means the Interstate Advisory Health Care Commission.
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new text begin (b) "Effective date" means the date upon which this compact shall become effective
for purposes of the operation of state and federal law in a member state, which shall
be the later of:
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new text begin (1) the date upon which this compact shall be adopted under the laws of the member
state; and
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new text begin (2) the date upon which this compact receives the consent of the United States
Congress pursuant to Article 1, Section 10, of the United States Constitution, after at
least two member states adopt this compact.
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new text begin (c) "Health care" means care, services, supplies, or plans related to the health of an
individual, and includes, but is not limited to:
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new text begin (1) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care
and counseling, service, assessment, or procedure with respect to the physical or mental
condition or functional status of an individual or that affects the structure or function of
the body;
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new text begin (2) sale or dispensing of a drug, device, equipment, or other item in accordance
with a prescription; and
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new text begin (3) an individual or group plan that provides or pays the cost of care, services, or
supplies related to the health of an individual, except any care, services, supplies, or plans
provided by the United States Department of Defense and the United States Department of
Veterans Affairs, or provided to Native Americans.
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new text begin (d) "Member state" means a state that is signatory to this compact and has adopted it
under the laws of that state.
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new text begin (e) "Member state base funding level" means a number equal to the total federal
spending on health care in the member state during federal fiscal year 2010. On or before
the effective date, each member state shall determine the member state base funding level
for its state, and that number shall be binding upon that member state. The preliminary
estimate of member state base funding level for the state of Minnesota is $13,348,000,000.
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new text begin (f) "Member state current year funding level" means the member state base funding
level multiplied by the member state current year population adjustment factor multiplied
by the current year inflation adjustment factor.
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new text begin (g) "Member state current year population adjustment factor" means the average
population of the member state in the current year less the average population of the
member state in federal fiscal year 2010, divided by the average population of the member
state in federal fiscal year 2010, plus one. Average population in a member state shall be
determined by the United States Census Bureau.
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new text begin (h) "Current year inflation adjustment factor" means the total gross domestic product
deflator in the current year divided by the total gross domestic product deflator in federal
fiscal year 2010. Total gross domestic product deflator shall be determined by the Bureau
of Economic Analysis of the United States Department of Commerce.
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new text begin ARTICLE 2
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new text begin PLEDGE
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new text begin The member states shall take joint and separate action to secure the consent of
the United States Congress to this compact in order to return the authority to regulate
health care to the member states consistent with the goals and principles articulated in
this compact. The member states shall improve health care policy within their respective
jurisdictions and according to the judgment and discretion of each member state.
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new text begin ARTICLE 3
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new text begin LEGISLATIVE POWER
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new text begin The legislatures of the member states have the primary responsibility to regulate
health care in their respective states.
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new text begin ARTICLE 4
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new text begin STATE CONTROL
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new text begin Each member state, within its state, may suspend by legislation the operation of all
federal laws, rules, regulations, and orders regarding health care that are inconsistent
with the laws and regulations adopted by the member state pursuant to this compact.
Federal and state laws, rules, regulations, and orders regarding health care will remain
in effect unless a member state expressly suspends them pursuant to its authority under
this compact. For any federal law, rule, regulation, or order that remains in effect in
a member state after the effective date, that member state shall be responsible for the
associated funding obligations in its state.
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new text begin ARTICLE 5
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new text begin FUNDING
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new text begin (a) For each federal fiscal year, each member state shall have the right to federal
funds up to an amount equal to its member state current year funding level for that federal
fiscal year, funded by the United States Congress as mandatory spending and not subject
to annual appropriation, to support the exercise of member state authority under this
compact. This funding shall not be conditional on any action of or regulation, policy, law,
or rule being adopted by the member state.
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new text begin (b) By the start of each federal fiscal year, the United States Congress shall
establish an initial member state current year funding level for each member state, based
upon reasonable estimates. The final member state current year funding level shall be
calculated, and funding shall be reconciled by the United States Congress, based upon
information provided by each member state and audited by the United States Government
Accountability Office.
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new text begin ARTICLE 6
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new text begin INTERSTATE ADVISORY HEALTH CARE COMMISSION
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new text begin (a) The Interstate Advisory Health Care Commission is established. The commission
consists of members appointed by each member state through a process to be determined
by each member state. A member state may not appoint more than two members to the
commission and may withdraw membership from the commission at any time. Each
commission member is entitled to one vote. The commission shall not act unless a
majority of the members are present, and no action shall be binding unless approved by a
majority of the commission's total membership.
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new text begin (b) The commission may elect from among its membership a chairperson. The
commission may adopt and publish bylaws and policies that are not inconsistent with this
compact. The commission shall meet at least once a year, and may meet more frequently.
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new text begin (c) The commission may study issues of health care regulation that are of particular
concern to the member states. The commission may make nonbinding recommendations
to the member states. The legislatures of the member states may consider these
recommendations in determining the appropriate health care policies in their respective
states.
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new text begin (d) The commission shall collect information and data to assist the member states in
their regulation of health care, including assessing the performance of various state health
care programs and compiling information on the prices of health care. The commission
shall make this information and data available to the legislatures of the member states.
Notwithstanding any other provision in this compact, no member state shall disclose to the
commission the health information of any individual, nor shall the commission disclose
the health information of any individual.
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new text begin (e) The commission shall be funded by the member states as agreed to by the
member states. The commission shall have the responsibilities and duties as may be
conferred upon it by subsequent action of the respective legislatures of the member states
in accordance with the terms of this compact.
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new text begin (f) The commission shall not take any action within a member state that contravenes
any state law of that member state.
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new text begin ARTICLE 7
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new text begin CONGRESSIONAL CONSENT
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new text begin This compact shall be effective on its adoption by at least two member states and
consent of the United States Congress. This compact shall be effective unless the United
States Congress, in consenting to this compact, alters the fundamental purposes of this
compact, which are:
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new text begin (1) to secure the right of the member states to regulate health care in their respective
states pursuant to this compact and to suspend the operation of any conflicting federal
laws, rules, regulations, and orders within their states; and
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new text begin (2) to secure federal funding for member states that choose to invoke their authority
under this compact, as prescribed by article 5.
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new text begin ARTICLE 8
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new text begin AMENDMENTS
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new text begin The member states, by unanimous agreement, may amend this compact from
time to time without the prior consent or approval of the United States Congress, and
any amendment shall be effective unless, within one year, the United States Congress
disapproves that amendment. Any state may join this compact after the date on which
the United States Congress consents to the compact by adoption into law under its state
constitution.
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new text begin ARTICLE 9
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new text begin WITHDRAWAL; DISSOLUTION
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new text begin Any member state may withdraw from this compact by adopting a law to that
effect, but no such withdrawal shall take effect until six months after the governor of the
withdrawing member state has given notice of the withdrawal to the other member states.
A withdrawing state shall be liable for any obligations that it may have incurred prior to
the date on which its withdrawal becomes effective. This compact shall be dissolved upon
the withdrawal of all but one of the member states.
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