HR 4160 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 4160CommentsClose CommentsPermalink

To amend the Social Security Act to replace the Medicaid program and the Children’s Health Insurance program with a block grant to the States, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

March 7, 2012CommentsClose CommentsPermalink

Mr. ROKITA (for himself, Mr. HUELSKAMP, Mr. BROUN of Georgia, and Mr. JORDAN) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and the Workforce, the Judiciary, Natural Resources, House Administration, Rules, and Appropriations, 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 concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Social Security Act to replace the Medicaid program and the Children’s Health Insurance program with a block grant to the States, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘State Health Flexibility Act of 2012’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Health grants to the States for health care services to indigent individuals.CommentsClose CommentsPermalink

‘TITLE XXII--BLOCK GRANTS TO STATES FOR HEALTH CARE SERVICES TO INDIGENT INDIVIDUALS

‘Sec. 2201. Purpose.CommentsClose CommentsPermalink

‘Sec. 2202. Grants to States.CommentsClose CommentsPermalink

‘Sec. 2203. Administrative and fiscal accountability.CommentsClose CommentsPermalink

‘Sec. 2204. Nondiscrimination provisions.CommentsClose CommentsPermalink

‘Sec. 2205. Emergency assistance.CommentsClose CommentsPermalink

‘Sec. 2206. Definitions.CommentsClose CommentsPermalink

Sec. 3. Repeal of PPACA, HCERA, and the Federal requirements of Medicaid and CHIP.CommentsClose CommentsPermalink





Sec. 4. Severability.CommentsClose CommentsPermalink





Sec. 5. Effective date.CommentsClose CommentsPermalink

SEC. 2. HEALTH GRANTS TO THE STATES FOR HEALTH CARE SERVICES TO INDIGENT INDIVIDUALS.

(a) Health Care Block Grant to States- The Social Security Act is amended by adding at the end the following new title:CommentsClose CommentsPermalink

‘TITLE XXII--BLOCK GRANTS TO STATES FOR HEALTH CARE SERVICES TO INDIGENT INDIVIDUALSCommentsClose CommentsPermalink

‘SEC. 2201. PURPOSE.

‘The purpose of this title is to provide Federal financial assistance to the States, in the form of a single grant, to allow the States maximum flexibility in providing, and financing the provision of, health-care-related items and services to indigent individuals.CommentsClose CommentsPermalink

‘SEC. 2202. GRANTS TO STATES.

‘(a) In General- Subject to the requirements of this title, each State is entitled to receive from the Secretary of the Treasury a grant for each quarter of fiscal years 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022, in an amount that is equal to 25 percent of the total amount received by a State under title XIX and title XXI for fiscal year 2012.CommentsClose CommentsPermalink





‘(b) Appropriation- Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal years 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 and 2022 such sums as are necessary for grants under this section.CommentsClose CommentsPermalink





‘(c) Requirements Relating to Intergovernmental Financing- The Secretary of the Treasury shall make the transfer of funds under grants under subsection (a) directly to each State in accordance with the requirements of section 6503 of title 31, United States Code.CommentsClose CommentsPermalink





‘(d) Expenditure of Funds-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as provided in paragraph (2), amounts received by a State under this title for any fiscal year shall be expended by the State in such fiscal year or in the succeeding fiscal year.CommentsClose CommentsPermalink





‘(2) USE OF RAINY DAY FUND PERMITTED- Of the amounts received by a State under this title, the State may set aside, in a separate account, such amounts as the State deems necessary to provide, without fiscal limitation, health-care-related items and services for indigent individuals during--CommentsClose CommentsPermalink





‘(A) periods of unexpectedly high rates of unemployment; orCommentsClose CommentsPermalink





‘(B) periods related to circumstances that are not described in subparagraph (A) and that cause unexpected increases in the need for such items and services for such individuals.CommentsClose CommentsPermalink





‘(3) FUNDS REMAINING AFTER FISCAL YEAR 2022- If, after 2022, a State has funds in the account under paragraph (2), the State may only expend such funds if such funds are used in a manner that is permitted under subsection (e), as such subsection is in effect on September 30, 2022.CommentsClose CommentsPermalink





‘(e) Use of Funds- A State may only use the amounts received under subsection (a) as follows:CommentsClose CommentsPermalink





‘(1) GENERAL PURPOSE- For the purpose under section 2201, including the provision of health-care-related items and services as required under section 2205. Nothing in this title shall be construed as limiting the flexibility of a State to determine which providers of such items and services qualify to receive payment from a grant made to the State under this title.CommentsClose CommentsPermalink





‘(2) FUNDING FOR RISK ADJUSTMENT MECHANISMS- To fund qualified high risk pools, reinsurance pools, or other risk-adjustment mechanisms used for the purpose of subsidizing the purchase of private health insurance for the high-risk population.CommentsClose CommentsPermalink





‘(3) AUTHORITY TO USE PORTION OF FEDERAL ASSISTANCE FOR OTHER WELFARE-RELATED PROGRAMS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to the limit under subparagraph (B), to carry out a State program pursuant to any or all of the following provisions of law:CommentsClose CommentsPermalink





‘(i) Part A of title IV of this Act.CommentsClose CommentsPermalink





‘(ii) Section 1616 of this Act.CommentsClose CommentsPermalink





‘(iii) The Food and Nutrition Act of 2008.CommentsClose CommentsPermalink





‘(B) LIMITATION- A State may not use more than 30 percent of the amount received under subsection (a) for a fiscal year to carry out a State program, or programs, under subparagraph (A).CommentsClose CommentsPermalink





‘(C) REQUIREMENTS ON FUNDS- Any amounts that are used under subparagraph (A)--CommentsClose CommentsPermalink





‘(i) shall not be subject to any of the requirements of subsection (d), subsection (f), section 2204, or section 2205; andCommentsClose CommentsPermalink





‘(ii) shall be subject to--CommentsClose CommentsPermalink





‘(I) the audit requirements under section 2203; andCommentsClose CommentsPermalink





‘(II) any requirements that apply to Federal funds provided directly for such State program.CommentsClose CommentsPermalink





‘(f) Maintenance of Current Law Restrictions on Use of Federal Funds-CommentsClose CommentsPermalink





‘(1) IN GENERAL-CommentsClose CommentsPermalink





‘(A) NO FUNDING FOR ABORTIONS- None of the funds appropriated in this title shall be expended for any abortion.CommentsClose CommentsPermalink





‘(B) NO FUNDS FOR COVERAGE OF ABORTION- None of the funds appropriated in this title shall be expended for health benefits coverage that includes coverage of abortion.CommentsClose CommentsPermalink





‘(C) HEALTH BENEFITS COVERAGE DEFINED- For purposes of this subsection, the term ‘health benefits coverage’ means the package of services covered by a managed care provider or organization pursuant to a contract or other arrangement.CommentsClose CommentsPermalink





‘(2) EXCEPTIONS- The limitations established in paragraph (1) shall not apply to an abortion--CommentsClose CommentsPermalink





‘(A) if the pregnancy is the result of an act of rape or incest; orCommentsClose CommentsPermalink





‘(B) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself.CommentsClose CommentsPermalink





‘(3) STATE FUNDS USED IN CONJUNCTION WITH FEDERAL FUNDS- The limitations established in paragraph (1) shall apply to any State funds used in conjunction with Federal funds appropriated under this title to provide, or finance the provision of, health-care-related items and services to indigent individuals pursuant to section 2201 or subsections (d)(2), (e)(1), or (e)(2) of section 2202.CommentsClose CommentsPermalink





‘(4) OPTION TO PURCHASE SEPARATE COVERAGE OR PLAN- Nothing in this subsection shall be construed as prohibiting a State from purchasing separate coverage for abortions for which funding is prohibited under this subsection, or a health plan that includes such abortions, so long as such coverage or plan is paid for entirely using funds not provided by this title.CommentsClose CommentsPermalink





‘(5) OPTION TO OFFER COVERAGE OR PLAN- Nothing in this subsection shall restrict any health insurance issuer from offering separate coverage for abortions for which funding is prohibited under this subsection, or a health plan that includes such abortions, so long as--CommentsClose CommentsPermalink





‘(A) premiums for such separate coverage or plan are paid entirely with funds not provided by this title; andCommentsClose CommentsPermalink





‘(B) administrative costs and all services offered through such separate coverage or plan are paid for using only premiums collected for such coverage or plan.CommentsClose CommentsPermalink





‘(6) CONSCIENCE PROTECTIONS-CommentsClose CommentsPermalink





‘(A) None of the funds appropriated in this Act may be made available to a Federal agency or program, or to a State or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions.CommentsClose CommentsPermalink





‘(B) In this paragraph, the term ‘health care entity’ includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan.CommentsClose CommentsPermalink





‘(g) No Funding for Illegal Aliens- Except as provided under this section and section 2205, no funds appropriated in this title may be used to provide health-care-related items and services to an alien who is not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law.CommentsClose CommentsPermalink





‘(h) Nonentitlement- Nothing in this title shall be construed as providing an individual with an entitlement to health-care-related items and services under this title.CommentsClose CommentsPermalink

‘SEC. 2203. ADMINISTRATIVE AND FISCAL ACCOUNTABILITY.

‘(a) Audits-CommentsClose CommentsPermalink





‘(1) CONTRACT WITH APPROVED AUDITING ENTITY- Not later than October 1, 2013, and annually thereafter, a State shall contract with an approved auditing entity (as defined under paragraph (3)(B)) for purposes of conducting an audit under paragraph (2) (with respect to the fiscal year ending September 30 of such year).CommentsClose CommentsPermalink





‘(2) AUDIT REQUIREMENT- Under a contract under paragraph (1), an approved auditing entity shall conduct an audit of the expenditures or transfers made by a State from amounts received under a grant under this title, or from State funds described in section 2202(f)(3), with respect to the fiscal year which such audit covers, to determine the extent to which such expenditures and transfers were expended in accordance with this title.CommentsClose CommentsPermalink





‘(3) ENTITY CONDUCTING AUDIT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- With respect to a State, the audit under paragraph (2) shall be conducted by an approved auditing entity in accordance with generally accepted auditing principles.CommentsClose CommentsPermalink





‘(B) APPROVED AUDITING ENTITY- For purposes of this section, the term ‘approved auditing entity’ means, with respect to a State, an entity that is--CommentsClose CommentsPermalink





‘(i) approved by the Secretary of the Treasury;CommentsClose CommentsPermalink





‘(ii) approved by the chief executive officer of the State; andCommentsClose CommentsPermalink





‘(iii) independent of any Federal, State, or local agency.CommentsClose CommentsPermalink





‘(4) SUBMISSION OF AUDIT- Not later than December 31, 2013, and annually thereafter, a State shall submit the results of the audit under paragraph (2) (with respect to the fiscal year ending on September 30 of such year) to the State legislature and to the Secretary of the Treasury.CommentsClose CommentsPermalink





‘(5) ADDITIONAL ACCOUNTING REQUIREMENTS- The provisions of chapter 75 of title 31, United States Code, shall apply to the audit requirements of this section.CommentsClose CommentsPermalink





‘(b) Reimbursement and Penalty-CommentsClose CommentsPermalink





‘(1) IN GENERAL- If, through an audit conducted under subsection (a), an approved auditing entity finds that any amounts paid to a State under a grant under this title were not expended in accordance with this title--CommentsClose CommentsPermalink





‘(A) the State shall pay to the Treasury of the United States any such amount, plus 10 percent of such amount as a penalty; orCommentsClose CommentsPermalink





‘(B) the Secretary of the Treasury shall offset such amount plus the 10 percent penalty against any other amount in any other fiscal year that the State may be entitled to receive under a grant under this title.CommentsClose CommentsPermalink





‘(2) MISUSE OF STATE FUNDS- If, through an audit conducted under subsection (a), an approved auditing entity finds that a State violated the requirements of section 2202(f)(3), the State shall pay to the Treasury of the United States 100 percent of the amount of State funds that were used in violation of section 2202(f)(3) as a penalty. Insofar as a State fails to pay any such penalty, the Secretary of the Treasury shall offset the amount not so paid against the amount of any grant otherwise payable to the State under this title.CommentsClose CommentsPermalink





‘(c) Annual Reporting Requirements-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than January 31, 2014, and annually thereafter, each State shall submit to the Secretary of the Treasury and the State legislature a report on the activities carried out by the State during the most recently completed fiscal year with funds received by the State under a grant under this title for such fiscal year.CommentsClose CommentsPermalink





‘(2) CONTENT- A report under paragraph (1) shall, with respect to a fiscal year--CommentsClose CommentsPermalink





‘(A) contain the results of the audit conducted by an approved auditing entity for a State for such fiscal year, in accordance with the requirements of subsection (a) of this section;CommentsClose CommentsPermalink





‘(B) specify the amount of the grant made to the State under this title that is used to carry out a program under section 2202(e)(3); andCommentsClose CommentsPermalink





‘(C) be in such form and contain such other information as the State determines is necessary to provide--CommentsClose CommentsPermalink





‘(i) an accurate description of the activities conducted by the State for the purpose described under section 2201 and any other use of funds permitted under subsections (d) and (e) of section 2202; andCommentsClose CommentsPermalink





‘(ii) a complete record of the purposes for which amounts were expended in accordance with this title.CommentsClose CommentsPermalink





‘(3) CONFORMITY WITH ACCOUNTING PRINCIPALS- Any financial information in the report under paragraph (1) shall be prepared and reported in accordance with generally accepted accounting principles, including the provisions of chapter 75 of title 31, United States Code.CommentsClose CommentsPermalink





‘(4) PUBLIC AVAILABILITY- A State shall make copies of the reports required under this section available on a public Web site and shall make copies available in other formats upon request.CommentsClose CommentsPermalink





‘(d) Failure To Comply With Requirements- The Secretary of the Treasury shall not make any payment to a State under a grant authorized by section 2202(a)--CommentsClose CommentsPermalink





‘(1) if an audit for a State is not submitted as required under subsection (a), during the period between the date such audit is due and the date on which such audit is submitted;CommentsClose CommentsPermalink





‘(2) if a State fails to submit a report as required under subsection (c), during the period between the date such report is due and the date on which such report is submitted; orCommentsClose CommentsPermalink





‘(3) if a State violates a requirement of section 2202(f), during the period beginning on the date the Secretary becomes aware of such violation and the date on which such violation is corrected by the State.CommentsClose CommentsPermalink





‘(e) Administrative Supervision and Oversight-CommentsClose CommentsPermalink





‘(1) LIMITED ROLE FOR SECRETARY OF TREASURY AND THE ATTORNEY GENERAL-CommentsClose CommentsPermalink





‘(A) TREASURY- The authority of the Secretary of the Treasury under this title is limited to--CommentsClose CommentsPermalink





‘(i) promulgating regulations, issuing rules, or publishing guidance documents to the extent necessary for purposes of implementing subsection (a)(3)(B), subsection (b), and subsection (d);CommentsClose CommentsPermalink





‘(ii) making quarterly payments to the States under grants under this title in accordance with section 2202(a);CommentsClose CommentsPermalink





‘(iii) approving entities under subsection (a)(3)(B) for purposes of the audits required under subsection (a);CommentsClose CommentsPermalink





‘(iv) withholding payment to a State of a grant under subsection (d) or offsetting a payment of such a grant to a State under subsection (b); andCommentsClose CommentsPermalink





‘(v) exercising the authority relating to nondiscrimination that is specified in section 2204(b).CommentsClose CommentsPermalink





‘(B) ATTORNEY GENERAL- The authority of the Attorney General to supervise the amounts received by a State under this title is limited to the authority under section 2204(c).CommentsClose CommentsPermalink





‘(2) FEDERAL SUPERVISION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as provided under paragraph (1), an administrative officer, employee, department, or agency of the United States (including the Secretary of Health and Human Services) may not--CommentsClose CommentsPermalink





‘(i) supervise--CommentsClose CommentsPermalink





‘(I) the amounts received by the States under this title; orCommentsClose CommentsPermalink





‘(II) the use of such amounts by the States; orCommentsClose CommentsPermalink





‘(ii) promulgate regulations or issue rules in accordance with this title.CommentsClose CommentsPermalink





‘(B) LIMITATION ON SECRETARY OF HEALTH AND HUMAN SERVICES- The Secretary of Health and Human Services shall have no authority over any provision of this title.CommentsClose CommentsPermalink





‘(f) Reservation of State Powers- Nothing in this section shall be construed to limit the power of a State, including the power of a State to pursue civil and criminal penalties under State law against any individual or entity that misuses, or engages in fraud or abuse related to, the funds provided to a State under this title.CommentsClose CommentsPermalink

‘SEC. 2204. NONDISCRIMINATION PROVISIONS.

‘(a) No Discrimination Against Individuals- No individual shall be excluded from participation in, denied the benefits of, or subjected to discrimination under, any program or activity funded in whole or in part with amounts paid to a State under this title on the basis of such individual’s--CommentsClose CommentsPermalink





‘(1) disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);CommentsClose CommentsPermalink





‘(2) sex under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); orCommentsClose CommentsPermalink





‘(3) race, color, or national origin under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).CommentsClose CommentsPermalink





‘(b) Compliance-CommentsClose CommentsPermalink





‘(1) If the Secretary of the Treasury determines that a State or an entity that has received funds from amounts paid to a State under a grant under this title has failed to comply with a provision of law referred to in subsection (a), the Secretary of the Treasury shall notify the chief executive officer of the State of such failure to comply and shall request that such chief executive officer secure such compliance.CommentsClose CommentsPermalink





‘(2) If, not later than 60 days after receiving notification under paragraph (1), the chief executive officer of a State fails or refuses to secure compliance with the provision of law referred to in such notification, the Secretary of the Treasury may--CommentsClose CommentsPermalink





‘(A) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; orCommentsClose CommentsPermalink





‘(B) exercise the powers and functions provided under section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), or title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) (as applicable).CommentsClose CommentsPermalink





‘(c) Civil Actions- If a matter is referred to the Attorney General under subsection (b)(2)(A), or the Attorney General has reason to believe that a State or entity has failed to comply with a provision of law referred to in subsection (a), the Attorney General may bring a civil action in an appropriate district court of the United States for such relief as may be appropriate, including injunctive relief.CommentsClose CommentsPermalink

‘SEC. 2205. EMERGENCY ASSISTANCE.

‘(a) In General- A State that receives a grant under this title for a fiscal year shall provide payment for health-care-related items and services provided to a citizen, legal resident, or an alien who is not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law, consistent with the requirements of section 1867, if--CommentsClose CommentsPermalink





‘(1) such health-care-related items and services are--CommentsClose CommentsPermalink





‘(A) necessary for the treatment of an emergency medical condition; andCommentsClose CommentsPermalink





‘(B) health-care-related items and services that such State would provide payment for under this title, if provided to an indigent individual;CommentsClose CommentsPermalink





‘(2) the individual meets all necessary eligibility requirements for health-care-related items and services under the State program funded under this title, except for any requirement related to immigration status; andCommentsClose CommentsPermalink





‘(3) such items and services are not related to an organ transplant procedure.CommentsClose CommentsPermalink





‘(b) Emergency Medical Condition- For purposes of this section, the term ‘emergency medical condition’ means a medical condition (including emergency labor and delivery) manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in--CommentsClose CommentsPermalink





‘(1) placing the patient’s health in serious jeopardy;CommentsClose CommentsPermalink





‘(2) serious impairment to bodily functions; orCommentsClose CommentsPermalink





‘(3) serious dysfunction of any bodily organ or part.CommentsClose CommentsPermalink

‘SEC. 2206. DEFINITIONS.

‘For purposes of this title:CommentsClose CommentsPermalink





‘(1) HEALTH-CARE-RELATED ITEMS AND SERVICES- The term ‘health-care-related items and services’ shall be defined by a State with respect to use of such term for purposes of the application of this title to the State.CommentsClose CommentsPermalink





‘(2) HIGH-RISK POPULATION- The term ‘high-risk population’ means individuals who are described in one of the following subparagraphs:CommentsClose CommentsPermalink





‘(A) Individuals who, by reason of the existence or history of a medical condition, are able to acquire health coverage only at rates which are at least 150 percent of the standard risk rates for such coverage.CommentsClose CommentsPermalink





‘(B) Individuals who are provided health coverage by a qualified high risk pool.CommentsClose CommentsPermalink





‘(3) INDIGENT INDIVIDUAL- The term ‘indigent individual’ shall be defined by a State with respect to use of such term for purposes of the application of this title to the State.CommentsClose CommentsPermalink





‘(4) QUALIFIED HIGH RISK POOL- The term ‘qualified high risk pool’ has the meaning given such term in section 2745(g)(1)(A) of the Public Health Service Act.CommentsClose CommentsPermalink





‘(5) RISK-ADJUSTMENT MECHANISM DEFINED- For purposes of this section, the term ‘risk-adjustment mechanism’ means any risk-spreading mechanism to subsidize the purchase of private health insurance for the high-risk population, including a qualified high risk pool.’.CommentsClose CommentsPermalink





(b) Report on Reduction of Federal Administrative Expenditures- Beginning not later than October 31, 2013, and annually thereafter until October 31, 2022, the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall submit a report to the Committee on Energy and Commerce in the House of Representatives and the Finance Committee in the Senate containing a description of the total reduction in Federal expenditures required to administer and provide oversight for the programs to provide health-care-related items and services to indigent individuals under this Act, compared to the expenditures required to administer and provide oversight for the programs under titles XIX and XXI of the Social Security Act, as in effect on September 30, 2012.CommentsClose CommentsPermalink





(c) State Defined- Section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) is amended--CommentsClose CommentsPermalink





(1) in the first sentence, by striking ‘and XXI’ and inserting ‘XXI, and XXII’; andCommentsClose CommentsPermalink





(2) in the fourth sentence, by striking ‘and XXI’ and inserting ‘, XXI, and XXII’.CommentsClose CommentsPermalink

SEC. 3. REPEAL OF PPACA, HCERA, AND THE FEDERAL REQUIREMENTS OF MEDICAID AND CHIP.

(a) PPACA- The Patient Protection and Affordable Care Act (Public Law 111-148) is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted.CommentsClose CommentsPermalink





(b) HCERA- Title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) are repealed, and the provisions of law amended or repealed by such title or subtitle, respectively, are restored or revived as if such title and subtitle had not been enacted.CommentsClose CommentsPermalink





(c) Medicaid and CHIP- Titles XIX and XXI of the Social Security Act are repealed.CommentsClose CommentsPermalink

SEC. 4. SEVERABILITY.

If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected.CommentsClose CommentsPermalink

SEC. 5. EFFECTIVE DATE.

This Act and the amendments made by this Act shall take effect with respect to items and services furnished on or after October 1, 2012.CommentsClose CommentsPermalink