Bill Text: GA SB20 | 2011-2012 | Regular Session | Introduced

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Bill Title: State Government; no department shall implement provision to health care reform legislation; unless dept. provide certain report to the General Assembly

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-01-26 - Senate Read and Referred [SB20 Detail]

Download: Georgia-2011-SB20-Introduced.html

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11 LC 28 5410

Senate Bill 20

By: Senator Hill of the 32nd

A BILL TO BE ENTITLED
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 Patient Protection and Affordable Care Act:

(A) Infringes on state powers;

(B) Imposes a uniform solution to a problem that requires different responses in different states;

(C) Threatens the progress Georgia has made towards health care system reform; and

(D) Infringes 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:

"50-1-10.

(a) A department or agency of the state shall not implement any part of the federal Patient Protection and Affordable Care Act (P. L. 111-148), 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 act.

(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 law provision;

(2) Whether the federal law has any state waiver or options;

(3) Exactly what the federal law requires the state to do and how it would be implemented;

(4) Who in the state will be impacted by adopting the federal law provisions or not adopting the federal law provisions;

(5) The cost to the state or citizens of the state to implement the federal law provisions; and

(6) The consequences to the state if the state does not comply with the federal law provisions."

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.