Repeals a provision of law relating to state-based health benefit exchanges

SECOND REGULAR SESSION
HOUSE BILL NO. 3136
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE KNIGHT .
6935H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 376.1 186, RSMo, relating to state-based health benefit exchanges.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 376.1 186, RSMo, is repealed, to read as follows:
[ 376.1 186 . 1. No state-based health benefit exchange may be
2 established, created, or operated within this state in order to implement Section
3 131 1 of the federal health care act, 42 U.S.C. Section 18031, or any other
4 provision of the federal health care act that relates to the creation and operation
5 of a state-based health benefit exchange, unless the authority to create or
6 operate such an exchange is enacted into law through:
7 (1) A bill as prescribed by Article III of the Missouri Constitution;
8 (2) An initiative petition as prescribed by Article III, Section 50 of the
9 Missouri Constitution; or
10 (3) A referendum as prescribed by Article III, Section 52(a) of the
11 Missouri Constitution.
12 2. In no case shall the authority for establishing, administering, or
13 operating a state-based health benefit exchange in Missouri be based upon an
14 executive order issued by the governor of Missouri.
15 3. No department, agency , instrumentality or political subdivision of
16 the state of Missouri shall establish any program, promulgate any rule, policy ,
17 guideline or plan or change any program, rule, policy or guideline to
18 implement, establish, create, administer or otherwise operate a state-based
19 health benefit exchange described in the federal health care act unless such
20 department, agency , instrumentality or political subdivision has received
21 statutory authority to do so in a manner consistent with subsection 1 of this
22 section. No department, agency , instrumentality or political subdivision of the
23 state of Missouri shall act as an eligible entity as described in Section 131 1(f)
24 (3)(B) of the federal health care act to perform one or more of the
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
25 responsibilities of a state-based health benefit exchange unless authorized by
26 statute or a regulation validly promulgated pursuant to such statute.
27 4. No department, agency , instrumentality , or political subdivision of
28 this state shall apply for , accept or expend federal moneys related to the
29 creation, implementation or operation of a state-based health benefit exchange
30 or a federally facilitated health benefit exchange unless such acceptance or
31 expenditure is authorized by statute or an appropriations bill.
32 5. No department, agency , instrumentality , political subdivision, public
33 of ficer or employee of this state shall enter into any agreement or any
34 obligation to establish, administer , or operate a federally facilitated health
35 benefit exchange described in Section 1321(c)(1) of the federal health care act
36 unless such department, agency , instrumentality , political subdivision, public
37 of ficer or employee of this state has received statutory authority to enter into
38 such agreements or obligations. No department, agency , instrumentality ,
39 political subdivision, public of ficer or employee of this state shall provide
40 assistance or resources of any kind to any department, agency , public of ficial,
41 employee or agent of the federal government related to the creation or
42 operation of a federally facilitated health benefit exchange unless such
43 assistance or resources are authorized by state statute or a regulation
44 promulgated thereto or such assistance or resources are specifically required
45 by federal law .
46 6. Any taxpayer of this state or any member of the general assembly
47 shall have standing to bring suit against the state of Missouri or any of ficial,
48 department, division, agency , or political subdivision of this state which is in
49 violation of this section in any court with jurisdiction to enforce the provisions
50 of this section. The court shall award attorney's fees, court costs, and all
51 reasonable expenses incurred by the taxpayer or member of the general
52 assembly if the court finds that the provisions of this section have been
53 violated. Such attorney's fees, court costs, and reasonable expenses shall be
54 paid from funds appropriated to the department, division, agency , or any
55 political subdivision of this state determined to have violated, in whole or in
56 part, the provisions of this section. In no case shall the award of attorney's
57 fees, court costs, or reasonable expenses be paid from the legal defense fund,
58 nor shall any department, division, agency , or political subdivision of this state
59 request, or be granted, additional appropriations in order to satisfy an award
60 made under this section.
61 7. As used in this section, the term "federal health care act" shall mean
62 the federal Patient Protection and Af fordable Care Act, Public Law 1 1 1-148,
63 as amended by the federal Health Care and Education Reconciliation Act of
64 2010, Public Law 1 1 1-152, and any amendments thereto, or regulations or
65 guidance issued under such federal acts.
66 8. As used in this section, the term "state-based health benefit
67 exchange" means a governmental agency or nonprofit entity established by the
68 state of Missouri and not the federal government that meets the applicable
69 requirements of Section 131 1 of the federal health care act and regulations
70 promulgated thereto and makes qualified health care plans available to
71 qualified individuals and qualified employers. The term "state-based health
72 benefit exchange" includes regional or other interstate exchanges and
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73 subsidiary exchanges as described in Section 131 1(f)(1) and (2) of the federal
74 health care act. The term "federally facilitated health benefit exchange" means
75 a health benefit exchange established and operated by the Secretary of Health
76 and Human Services under Section 1321(c)(1) of the federal health care act,
77 either directly or through agreement with a not-for- profit entity . ]
✔
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