Citations Affected: IC 12-16.5.
Synopsis: Health care compact. Conference committee report for EHB 1269. Establishes the
health care compact. Requires the securing of the consent of the United States Congress.
Specifies that the state legislature of each member state has the primary responsibility to regulate
health care in the member state's jurisdiction. Allows the governor to enter into the compact on
behalf of the state only after: (1) the budget committee reviews the compact and an
implementation plan developed by the budget agency; (2) the budget agency prepares an
implementation plan showing how Indiana will provide access to health care under the compact;
and (3) the budget agency presents the plan to the health finance commission. Specifies that
Indiana's participation in the compact does not include the administration of the federal Medicare
program unless the General Assembly takes action that specifically authorizes the inclusion of
Medicare in the compact. Allows member states of the compact to suspend all federal laws,
regulations, and orders concerning health care that are inconsistent with the laws and regulations
adopted by the member state under the compact, to the extent allowed under the Constitution of
the United States and the constitution of the member state. Creates the interstate advisory health
care commission consisting of individuals from member states. (This conference committee
report: (1) removes language exempting Medicare in the definition of "health care"; and
(2) adds language specifying that Indiana's participation in the compact does not include
the administration of the federal Medicare program unless the General Assembly takes
action that specifically authorizes the inclusion of Medicare in the compact.)
Effective: July 1, 2012.
Your Conference Committee appointed to confer with a like committee from the Senate upon Engrossed Senate Amendments to Engrossed House Bill No. 1269 respectfully reports that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that the House now concur in all Senate amendments to the bill and that the bill be further amended as follows:
Between the title and the enacting clause, begin a new paragraph and insert:
" Whereas, the separation of powers, both between the branches of the federal government and between federal and state authority, is essential to the preservation of individual liberty;
Whereas, the United States Constitution creates a federal government of limited and enumerated powers, and reserves to the states or to the people those powers not granted to the federal government;
Whereas, the federal government has enacted many laws that have preempted state laws with respect to health care, and placed increasing strain on state budgets, impairing other responsibilities such as education, infrastructure, and public safety;
Whereas, the member states seek to protect individual liberty and personal control over health care decisions, and believe the best method to achieve these ends is by vesting regulatory authority over health care in the states;
Whereas, by acting in concert, the member states may express and inspire confidence in the ability of each member state to govern health care effectively; and
Whereas, the member states recognize that consent of Congress may be more easily secured if the member states collectively seek
consent through an interstate compact: Therefore,
Delete everything after the enacting clause and insert the following:
of the member state in federal fiscal year 2010 plus one (1).
Chapter 2. Applicability
Sec. 1. This article is effective upon the following:
(1) The adoption of the compact by at least two (2) member states.
(2) The consent of the federal United States Congress without changes by Congress to the following fundamental purposes of the compact:
(A) To secure the right of the member states to regulate health care in the member state's jurisdiction under the compact and to suspend the operation of any conflicting federal laws, rules, regulations, and orders within the member state.
(B) To secure federal funding for member states that choose to invoke the member state's authority under the compact, as set forth in IC 12-16.5-3.
Chapter 3. Health Care Compact
Sec. 1. (a) The governor may enter into the compact on behalf of the state with any other state only after the following occur:
(1) The budget committee reviews the compact and any plan developed under subdivision (2).
(2) The budget agency prepares a plan showing how Indiana will provide access to health care for Indiana residents under the compact.
(3) The budget agency presents the plan described in subdivision (2) to the health finance commission established by IC 2-5-23-3.
(b) The member states shall take joint and separate action to secure the consent of the United States Congress for the compact in order to return the authority to regulate health care to the member states that is consistent with the goals and principles articulated in the compact.
(c) The member states shall improve health care policy within the states' jurisdictions and according to the judgment and discretion of each member state.
Sec. 2. The state legislature of each member state has the primary responsibility to regulate health care in the member state's jurisdiction.
Sec. 3. (a) Each member state, for the member state's jurisdiction, may, to the extent allowed under the Constitution of the United States and the constitution of the member state, suspend by legislation federal laws, regulations, and orders concerning health care that are inconsistent with the laws and regulations adopted by the member state under the compact.
(b) Any federal or state law, regulation, or order concerning health care will remain in effect unless a member state expressly suspends the law, regulation, or order under the member state's authority under the compact.
(c) The member state shall be responsible for implementing any federal law, rule, regulation, or order described in this section that remains in effect in the member state.
at any time.
(c) Each commission member is entitled to one (1) vote. The commission may not act unless a majority of the members are present, and an action is not binding unless approved by a majority of the commission's total membership.
Sec. 2. (a) The commission may do the following:
(1) Elect a chairperson from the commission's membership.
(2) Adopt and publish bylaws and policies that are consistent with the compact.
(3) Study issues of health care regulation that are of concern to the member states.
(4) Make non-binding recommendations to the member states, of which the state legislatures of the member states may consider in determining appropriate health care policies for the member state.
(b) The commission shall do the following:
(1) Meet at least one (1) time per calendar year.
(2) Collect information and data to assist member states in the regulation of health care, including assessing the performance of state health care programs and compiling information on the prices of health care.
(c) The commission shall make the information collected under this section available to the legislatures of member states.
(d) Legislatures of the member states may confer additional responsibilities and duties on the commission through legislative action in accordance with the terms of the compact.
(e) The commission may not take any action within a member state.
Sec. 3. A member state may not disclose personal health information of an individual to the commission. The commission may not disclose the personal health information of an individual.
Chapter 5. Participation in Compact
Sec. 1. Indiana's participation in the compact does not include the administration of Medicare (42 U.S.C. 1395 et seq.) unless the General Assembly takes action that specifically authorizes inclusion of the Medicare program in the compact.
(Reference is to EHB 1269 as reprinted printer's error February 29, 2012.)
Representative Brown T Senator Young R Michael
Representative Neese Senator Miller
House Conferees Senate Conferees