63M-1-2505.5 - Reporting on federal health reform -- Prohibition of individual mandate.
63M-1-2505.5. Reporting on federal health reform -- Prohibition of individualmandate.
(1) The Legislature finds that:
(a) the state has embarked on a rigorous process of implementing a strategic plan forhealth system reform pursuant to Section 63M-1-2505;
(b) the health system reform efforts for the state were developed to address the uniquecircumstances within Utah and to provide solutions that work for Utah;
(c) Utah is a leader in the nation for health system reform which includes:
(i) developing and using health data to control costs and quality; and
(ii) creating a defined contribution insurance market to increase options for employersand employees; and
(d) the federal government proposals for health system reform:
(i) infringe on state powers;
(ii) impose a uniform solution to a problem that requires different responses in differentstates;
(iii) threaten the progress Utah has made towards health system reform; and
(iv) infringe on the rights of citizens of this state to provide for their own health care by:
(A) requiring a person to enroll in a third party payment system;
(B) imposing fines on a person who chooses to pay directly for health care rather thanuse a third party payer;
(C) imposing fines on an employer that does not meet federal standards for providinghealth care benefits for employees; and
(D) threatening private health care systems with competing government supported healthcare systems.
(2) (a) A department or agency of the state may not implement any part of federal healthcare reform, as defined in Subsection (3), that is passed by the United States Congress afterMarch 1, 2010, unless the department or agency reports to the Legislature's Business and LaborInterim Committee and if authorized, the Health Reform Task Force and the LegislativeExecutive Appropriations Committee in accordance with Subsection (2)(c).
(b) The Legislature may pass legislation specifically authorizing or prohibiting the state'scompliance with, or participation in, federal health care reform.
(c) The report required under Subsection (2)(a) shall include:
(i) the specific federal statute or regulation that requires the state to implement a federalreform provision;
(ii) whether the reform provision has any state waiver or options;
(iii) exactly what the reform provision requires the state to do, and how it would beimplemented;
(iv) who in the state will be impacted by adopting the federal reform provision, or notadopting the federal reform provision;
(v) what is the cost to the state or citizens of the state to implement the federal reformprovision; and
(vi) the consequences to the state if the state does not comply with the federal reformprovision.
(3) For purposes of this section, "federal health care reform" means federal legislation orfederal regulation that:
(a) mandates an individual to purchase health insurance;
(b) mandates a small employer to provide health insurance coverage for employees;
(c) imposes penalties on small employers who do not provide health insurance for theiremployees;
(d) expands the eligibility for the Medicaid program or the Children's Health InsuranceProgram, and passes the cost of that expansion to the state;
(e) creates new insurance coverage mandates; or
(f) creates a new government run, public insurance program.
(4) (a) An individual in this state may not be required to obtain or maintain healthinsurance as defined in Section 31A-1-301, regardless of whether the individual has or is eligiblefor health insurance coverage under any policy or program provided by or through theindividual's employer or a plan sponsored by the state or federal government.
(b) The provisions of this title may not be used to hold an individual in this state liablefor any penalty, assessment, fee, or fine as a result of the individual's failure to procure or obtainhealth insurance coverage.
(c) This section does not apply to an individual who voluntarily applies for coverageunder a state administered program pursuant to Title XIX or Title XXI of the Social Security Act.
Enacted by Chapter 51, 2010 General Session