House Joint Resolution 2011 - Introduced HOUSE JOINT RESOLUTION 2011 BY UPMEYER , DEYOE , DRAKE , WATTS , HEATON , SCHULTE , SODERBERG , RAECKER , CHAMBERS , SWEENEY , HUSEMAN , ALONS , KOESTER , L. MILLER , FORRISTALL , TJEPKES , S. OLSON , SANDS , DOLECHECK , SORENSON , COWNIE , GRASSLEY , MAY , ROBERTS , WINDSCHITL , MERTZ , PETTENGILL , KELLEY , ANDERSON , and DE BOEF HOUSE JOINT RESOLUTION A Joint Resolution urging Congress not to institute new federal 1 review, oversight, or preemption of state health insurance 2 laws as Congress considers health care reform. 3 WHEREAS, the Tenth Amendment to the United States 4 Constitution states that, “the powers not delegated to the 5 United States by the Constitution, nor prohibited by it to the 6 States, are reserved to the States respectively, or to the 7 people”; and 8 WHEREAS, the states primarily regulate today’s health 9 insurance market and provide aggressive oversight of all 10 aspects of this market and enforce consumer protection as well 11 as ensure a local, responsive presence for consumers; and 12 WHEREAS, the state-based system of regulation of health 13 insurance has served all interests well; and 14 WHEREAS, the United States Congress is considering 15 legislation that may impose restrictions on the states’ ability 16 to regulate health plans, including overriding already adopted 17 state patient protections; and 18 WHEREAS, the federal government should regulate health plans 19 only where it is given authority under the Employee Retirement 20 Income Security Act (ERISA) and allow the states to continue to 21 TLSB 5534YH (6) 83 av/nh

House Joint Resolution 2011 - Introduced regulate all other plans within their borders and with their 22 existing regulatory expertise without federal intervention; and 23 WHEREAS, the creation of a new federal system of regulation 24 for health insurance would be inefficient, unnecessary, not 25 cost-effective, and an additional burden on the health care 26 delivery system; and 27 WHEREAS, private sector health plans are leaders in 28 innovations to improve quality, benefits, and customer service 29 that government-sponsored health plans have been slow to 30 adopt; and 31 WHEREAS, Congress is considering legislation that would 32 create a federal health insurance exchange or connector to 33 facilitate the purchase of health insurance by individuals 34 and small employers, including offering a new public plan 35 option; and 36 WHEREAS, a federal exchange would create conflicting state 37 and federal rules, resulting in consumer confusion and leading 38 to adverse selection; and 39 WHEREAS, a federal exchange would require substantial 40 resources to create a new federal entity that duplicates 41 functions currently being performed by states; and 42 WHEREAS, a federal exchange would undermine states’ 43 oversight role in health insurance and cause a substantial 44 shift in the regulation of the health insurance market from the 45 states to the federal government; and 46 WHEREAS, a federal exchange would undermine state authority 47 to design programs that reflect local needs; and 48 WHEREAS, a new public plan would not improve competition, 49 but would result in an uneven playing field that would shift 50 costs to the private sector and undermine private plans; and 51 WHEREAS, a new public health insurance plan would be subject 52 to constant federal changes; and 53 WHEREAS, a new public plan is unnecessary in light of 54 the private sector’s product offerings and innovations; NOW 55 THEREFORE, 56 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 57 TLSB 5534YH (6) 83 av/nh

H.J.R. 2011 That the General Assembly of the State of Iowa urges Congress 1 not to institute new federal review, oversight, or preemption 2 of state health insurance laws; not to create a federal health 3 insurance exchange or connector; and not to create a federal 4 health insurance plan (public plan) option. 5 BE IT FURTHER RESOLVED, That copies of this Joint Resolution 6 be transmitted to all governors and all members of the United 7 States Senate and the United States House of Representatives. 8 EXPLANATION 9 This bill is a joint resolution by the senate and house 10 of representatives urging the United States Congress not to 11 institute new federal review, oversight, or preemption of state 12 health insurance laws as it considers health care reform. 13 The joint resolution states that the Tenth Amendment to the 14 United States Constitution reserves those powers to the states 15 that are not delegated to the United States nor prohibited by 16 the states and on this basis the states have been primarily 17 responsible for regulation of the health insurance market. 18 The joint resolution further states that creation of a 19 federal health insurance exchange or connector would create 20 conflicting state and federal rules, would result in consumer 21 confusion and adverse selection, would require substantial 22 resources to provide duplicative functions, would undermine 23 the oversight role of the states, and would not improve 24 competition. 25 The joint resolution urges Congress not to institute new 26 federal review, oversight, or preemption of state health 27 insurance law, not to create a federal health insurance 28 exchange or connector, and not to create a federal health 29 insurance plan (public plan) option. 30 -1- LSB 5534YH (6) 83 av/nh 1/ 1