10 LC 28
5022
Senate
Bill 399
By:
Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th, Shafer of the
48th, Butterworth of the 50th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating
to general provisions regarding state government, so as to provide for
legislative findings; to provide that no department or agency shall implement
any provision of federal health care reform legislation unless the department or
agency provides a certain report to the General Assembly and the General
Assembly authorizes such implementation by statute; to provide for related
matters; to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
General Assembly finds that:
(1)
Georgia's health care system has been developed to address the unique
circumstances in the State of Georgia and to provide solutions that work for
Georgia; and
(2)
The federal government proposals for health care currently being
considered:
(A)
Infringe on state powers;
(B)
Impose a uniform solution to a problem that requires different responses in
different states;
(C)
Threaten the progress Georgia has made towards health care system reform;
and
(D)
Infringe on the rights of citizens of this state to provide for their own health
care by:
(i)
Requiring a person to enroll in a third-party payment system;
(ii)
Imposing fines on a person who chooses to pay directly for health care rather
than use a third-party payer;
(iii)
Imposing fines on an employer that does not meet federal standards for providing
health care benefits for employees; and
(iv)
Threatening private health care systems with competing government supported
health care systems.
SECTION
2.
Chapter
1 of Title 50 of the Official Code of Georgia Annotated, relating to general
provisions regarding state government, is amended by adding a new Code section
to read as follows:
"50-1-9.
(a)
A department or agency of the state shall not implement any part of any federal
health care reform passed by the United States Congress on or after March 1,
2010, unless:
(1)
The department or agency reports to the General Assembly in accordance with
subsection (b) of this Code section; and
(2)
The General Assembly passes legislation specifically authorizing the state's
compliance with, or participation in, such federal health care reform
provision.
(b)
The report required under subsection (a) of this Code section shall
include:
(1)
The specific federal statute or regulation that requires the state to implement
a federal reform provision;
(2)
Whether the reform provision has any state waiver or options;
(3)
Exactly what the reform provision requires the state to do and how it would be
implemented;
(4)
Who in the state will be impacted by adopting the federal reform provision or
not adopting the federal reform provision;
(5)
The cost to the state or citizens of the state to implement the federal reform
provision; and
(6)
The consequences to the state if the state does not comply with the federal
reform provision."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.