Senate Bill 2768

AN ACT TO PROHIBIT STATE ENFORCEMENT OR PARTICIPATION WITH THE FEDERAL "PATIENT PROTECTION AND AFFORDABLE CARE ACT"; TO PROHIBIT IMPLEMENTATION OF ANY LAW WHICH MANDATES THAT INDIVIDUALS PURCHASE HEALTH INSURANCE UNDER THREAT OF PENALTY; TO PROHIBIT LICENSED HEALTH INSURERS FROM ACCEPTING FEDERAL SUBSIDIES UNDER THE "PATIENT PROTECTION AND AFFORDABLE CARE ACT" THAT AUTHORIZE AN EMPLOYER MANDATE; TO AMEND SECTION 43-13-101, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE STATE OF MISSISSIPPI FROM FACILITATING IN ANY WAY THE EXPANSION OF THE MEDICAID PROGRAM UNDER THE FEDERAL "PATIENT PROTECTION AND AFFORDABLE CARE ACT"; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The Legislature of the State of Mississippi finds that:

(a) The people of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes, and nothing more.

(b) The Tenth Amendment to the United States Constitution defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves.

(c) The assumption of power that the federal government has made by enacting the "Patient Protection and Affordable Care Act" interferes with the right of the people of the State of Mississippi to regulate health care as they see fit, and makes a mockery of James Madison's assurance in Federalist #45 that the "powers delegated" to the federal government are "few and defined," while those of the states are "numerous and indefinite."

SECTION 2. Prohibition on enforcement, participation and material support in certain federal acts. (1) Notwithstanding any law, regulation, rule or order to the contrary, no agency of this state, political subdivision of this state, or employee of an agency or political subdivision of this state acting in his or her official capacity, or corporation providing services on behalf of this state or a political subdivision of this state shall:

(2) Enforce any federal act, law, order, rule or regulation of the federal government of the United States designed to give effect to the Patient Protection and Affordable Care Act, signed by President Barack Obama on March 23, 2010.

(3) Provide material support, participation or assistance in any form, with any federal agency or employee engaged in the enforcement of any federal act, law, order, rule or regulation of the federal government of the United States designed to give effect to the Patient Protection and Affordable Care Act.

(4) Utilize any assets, state funds or funds allocated by the state to local entities on or after July 1, 2015, in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the federal government in the enforcement of any federal act, law, order, rule or regulation of the federal government of the United States designed to give effect to the Patient Protection and Affordable Care Act.

SECTION 3. Penalties. (1) An agency or political subdivision of this state may not receive state grant funds if the agency or political subdivision adopts a rule, order, ordinance or policy under which the agency or political subdivision violates Section 2 of this act. State grant funds for the agency or political subdivision shall be denied for the fiscal year following the year in which a final judicial determination in an action brought under this section is made that the agency or political subdivision has intentionally required actions which violate the prohibitions in Section 2 of this act.

(2) Any agent or employee of this state, or of any political subdivision of this state who knowingly violates the prohibitions in Section 2 of this act shall be deemed to have resigned any commission from the State of Mississippi which he or she may possess, his or her office shall be deemed vacant, and he or she shall be forever thereafter ineligible to any office of trust, honor or emolument under the laws of this state.

(3) Any corporation or person that provides services to or on behalf of this state and violates the prohibitions of Section 2 of this act shall be forever ineligible to act on behalf of, or provide services to, this state or any political subdivision of this state.

SECTION 4. Prohibition on issuers. Enforcement. (1) A health insurance issuer operating in this state shall not accept any remuneration, credit or subsidy, as described in 42 USC 18082.

(2) If a health insurance issuer violates subsection (1) of this section, the issuer's license to issue new business in the state on the federal exchange established by the Affordable Care Act shall be suspended immediately and until such time as the issuer represents it has returned that remuneration, credit or subsidy to its source and will decline any such future remuneration, credit or subsidy. Such suspensions shall not be construed as impairing the right of contract or the right to continue or renew existing business in the state.

(3) The Attorney General shall take such action as is necessary in the defense or prosecution of rights protected under this section.

SECTION 5. Other obligations of Attorney General. The Attorney General shall seek injunctive and any other appropriate relief as expeditiously as possible to preserve the rights and property of the residents of the state, and to defend as necessary the state, and its officials, employees and agents, in the event that any law or regulation violating the public policy set forth in this section is enacted by any government, subdivision or agency thereof.

SECTION 6. Section 43-13-101, Mississippi Code of 1972, is amended as follows:

43-13-101. This article shall be entitled and cited as the "Mississippi Medicaid Law." Notwithstanding any provision of law to the contrary, the state shall not establish, facilitate, implement or participate in the expansion of the Medicaid program pursuant to the federal Patient Protection and Affordable Care Act, Public Law 111-148, as amended.

SECTION 7. This act shall take effect and be in force from and after its passage.