Senate File 214 - Introduced SENATE FILE 214 BY ZAUN , CHELGREN , BEHN , ROZENBOOM , SINCLAIR , and SCHULTZ A BILL FOR An Act relating to unfunded federal mandates related to federal 1 health care reforms and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1805XS (3) 86 av/nh
S.F. 214 Section 1. NEW SECTION . 1.19 Federal health care reforms 1 —— unfunded federal mandates. 2 1. It is the intent of the general assembly to affirm the 3 power of this state under the Tenth Amendment to the United 4 States Constitution to exercise those powers reserved to the 5 states including but not limited to providing state-based 6 regulation of the health insurance market, providing aggressive 7 oversight of all aspects of this market, and enforcing consumer 8 protection as well as ensuring a local, responsive presence for 9 Iowa consumers. 10 2. If, on or after the effective date of this Act, the 11 United States Congress enacts, effectuates, or otherwise 12 imposes a mandate that requires the state to engage in any 13 new activity, to provide any new service, or to provide any 14 service beyond that required by any law enacted or requirement 15 otherwise imposed prior to the effective date of this Act 16 related to regulation of the health insurance market, and the 17 United States Congress does not appropriate moneys to fully 18 fund the cost of the mandate or other requirement, the state is 19 not required to perform the activity or provide the service and 20 the state shall not be subject to the imposition of any fines 21 or penalties for failure to comply with the federal mandate or 22 other requirement. 23 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 24 immediate importance, takes effect upon enactment. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill affirms the intent of the general assembly to 29 exercise those powers reserved to the states, including 30 but not limited to providing state-based regulation of the 31 health insurance market, providing aggressive oversight of 32 this market, and enforcing consumer protection and a local, 33 responsive presence for Iowa consumers. 34 The bill provides that if the United States Congress enacts, 35 -1- LSB 1805XS (3) 86 av/nh 1/ 2
S.F. 214 effectuates, or otherwise imposes a mandate that requires 1 the state to engage in any new activity or provide any new 2 or expanded service and does not appropriate moneys to fully 3 fund the cost of the mandate or other requirement, the state 4 is not required to perform the activity or provide the service 5 and shall not be subject to the imposition of any fines or 6 penalties for failure to do so. The bill is effective upon 7 enactment. 8 -2- LSB 1805XS (3) 86 av/nh 2/ 2