State Health Reform Laws
While the legislation needed will vary by state, it is reasonable to expect that every state will need to enact new or modify existing laws as part of its implementation effort.
*Milestone details:
*Full name: Enact state laws to make required changes.
*Relevance to the ACA:
ACA implementation requires changes to state law, some immediate and some over time. In some instances, the federal government will take action if implementation deadlines are not met. The ACA recognizes the time constraints on state legislatures by granting extensions in some instances. Given variations in existing state laws and legislative processes, each state will have its own approach to enacting laws. Some provisions with deadlines relevant to new state laws are:
§1001, §1003, §1201 - Make immediate changes to commercial insurance regulation.
§1304 – States must decide whether they will define small groups as no more than 100 employees or no more than 50 employees.
§1311 – States must demonstrate sufficient progress toward implementing an insurance Exchange by January 1, 2013.
§2301 – Allows states to delay Medicaid coverage of freestanding birth center services if state legislation is required to begin making payments.
§6507 – Delay of National Correct Coding Initiative requirements in Medicaid and CHIP if state legislation is required.
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District of Columbia
This chart outlines the various bills related to health reform that are currently pending in the CA state legislature.
New York
In 2011, VT enacted a law to develop a state single-payer universal coverage system. New York has a very detailed single payer bill pending.
Vermont
Act 49, passed by the Vermont legislature in 2011, authorized VT's Exchange. H.559, passed in 2012, does the following:
Defines a small employer as an employer with 50 or fewer employees
Merges the individual and small group markets
Requires individuals and small groups to buy insurance through the Exchange (no outside market)
California
LB 838 is a pending Exchange bill before the legislature.
California
LB 835 is a pending Exchange bill before the legislature.
District of Columbia
This legislation authorizes the Insurance Dept to approve rate adjustments before they take effect and raises the MLR to 82%. Access the legislation here: http://www.statereforum.org/sites/default/files/nys_prior_approval_legis...
District of Columbia
This memo provides a summary of S8088, requiring prior approval of insurance rate changes and raising the MLR to 82%. Access the memo here: http://www.statereforum.org/sites/default/files/nys_prior_approval_legis...
District of Columbia
This bill, introduced as SB 0455, authorizes the insurance commissioner to implement the insurance reforms required under federal law. Access the bill here: http://www.gencourt.state.nh.us/legislation/2010/SB0455.html
District of Columbia
Senate Bill 99 was introduced in the Oregon Legislature in 2011. If enacted, it would define the structure and governance of the Exchange, specify the functions of the Exchange, outline who may purchase insurance through the Exchange, and establish a fund to support Exchange operations.
Access the legislation here:
http://www.statereforum.org/sites/default/files/relating_to_oregon_healt...
District of Columbia
This bill requires transparency in insurance rate filing. The bill creates a permanent, public record of proceedings, hearings and investigations of the commissioner, requires insurers to submit comprehensive documentation, and bars use of certain types of credit history in the determination of insurance premiums. Access the bill here: http://www.statereforum.org/sites/default/files/wa_hb_1220.pdf
District of Columbia
This is the bill Washington passed that that prohibits denial of services to children with preexisting conditions; limits deductibles and brings its grievances and appeals process into compliance with the ACA.
District of Columbia
Senate Bill 38 was introduced in the NM legislature in 2011. It would establish the structure, governance, and duties of the Exchange.
Access the legislation here:
http://www.statereforum.org/sites/default/files/nm_sb0038.pdf
New Mexico
SB 38 passed both the House and Senate of the NM 2011 Legislature, but was vetoed by Governor Martinez. The Governor states in her veto message that she supports the "creation of a framework to establish a state insurance exchange" but that SB38 is "premature." This message available to the public on the Governor's website.
District of Columbia
This bill would establish an Exchange and align certain insurance regulations with the provisions of the ACA. Access the bill here: http://www.statereforum.org/sites/default/files/2011hb-06323-r00-hb.pdf
Connecticut
Public Act 11-58, Ac Act Concerning Healthcare Reform (became law 7/1/11), made many changes required by the ACA, as well as other changes desired by CT.
http://www.cga.ct.gov/2011/act/pa/pdf/2011PA-00058-R00HB-06308-PA.pdf
Public Act 11-53, An Act Establishing A State Health Insurance Exchange (became law 7/1/11), established the Exchange and Board of Directors.
http://www.cga.ct.gov/2011/ACT/PA/2011PA-00053-R00SB-00921-PA.htm
District of Columbia
This draft legislation establishes an Exchange under the authority of the Insurance Commissioner and outlines the functions and duties of the IA Exchange. Access the bill here:
http://www.statereforum.org/sites/default/files/iowa_sf_235-1.pdf
District of Columbia
California's enacted legislation prohibits denial of insurance to children with preexisting conditions.
Access the legislation here:
http://www.statereforum.org/sites/default/files/ab_2244_bill_20100930_ch...
District of Columbia
This enacted legislation brings state law into compliance with ACA requirements regarding coverage of preventive services.
District of Columbia
This enacted legislation prohibits rescissions.
District of Columbia
This enacted legislation requires plans to offer coverage for dependents up to the age of 26.
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