SF 1933 creates the Health Care Compact for the purpose of securing the right of the member states to regulate health care within their state and securing federal funding for the member states that choose to invoke their authority under the compact.
Section 1 (143.01) creates the Health Care Compact.
Article 1 defines terms.
Article 2 requires the member states to take joint and separate action to secure consent of the U.S. Congress to this compact.
Article 3 states that the legislatures of the member states have the primary responsibility to regulate health care in their respective states.
Article 4 authorizes member states through legislation to suspend 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 will remain in effect unless the member state suspends them and the member state will be responsible for the associated funding obligations for any federal law, rule, or regulation that remains in effect.
Article 5 states that for each federal fiscal year, each member state has the right to federal funds up to an amount equal to its current year funding level for that federal fiscal year, funded as mandatory spending and not subject to annual appropriation. The preliminary estimate of the state base funding level for Minnesota is $13,348,000,000. At the start of each federal fiscal year, the U. S. Congress shall establish an initial member state current year funding level for each member state. This funding level shall be calculated upon information provided by each member state and shall be reconciled by the U.S. Congress and audited by the U.S. Government Accountability Office.
Article 6 establishes an interstate advisory health care commission.
Paragraph (a) establishes the commission. Each member state shall appoint no more than two members and may withdraw membership at any time. Each commission member is entitled to one vote and commission action requires a majority of the members be present and approve of the action.
Paragraph (b) authorizes the commission to elect a chairperson from its membership and authorizes the commission to adopt and publish by-laws and policies so long as they are consistent with this compact. The commission must meet at least once a year.
Paragraph (c) states that the commission may study issues of health care regulation and may make nonbinding recommendations to member states that may be considered by the legislatures of the member states.
Paragraph (d) requires the commission to collect information and data to assist the member states in their regulation of health care. This information shall be made available to the legislature of the member states. No member state shall disclose to the commission any health information of any individual nor disclose the health information of any individual.
Paragraph (e) states that the commissioner shall be funded by the member states as agreed to by the member states.
Paragraph (f) prohibits the commission from taking any action within a member state that contravenes any state law of that state.
Article 7 states that this compact is effective upon its adoption by at least two member states and consent of the U.S. Congress unless the Congress in consenting to the compact alters the fundamental purposes of the compact.
Article 8 authorizes the member states to amend the compact upon unanimous agreement without the prior consent or approval of the U.S. Congress. Any amendment shall be effective unless within one year the U.S. Congress disapproves of the amendment. Any state may join the compact after the date on which the U.S. Congress consents to the compact.
Article 9 authorizes any state to withdraw from the compact by adopting a law to that effect. The withdrawal will take effect six months after the governor of the withdrawing state has given notice to the other member states. The withdrawing state is liable to all obligations that were incurred before the date the withdrawal becomes effective. The compact is dissolved if all but one state withdraws.