2012 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 16.5. THE HEALTH CARE COMPACT
CHAPTER 3. HEALTH CARE COMPACT
Chapter 3. Health Care Compact
IC 12-16.5-3-1
Entrance into the compact; action and consent of Congress; improvement of health care policy
Sec. 1. (a) The governor may enter into the compact on behalf of the state with any other state only after the following occur:
(1) The budget committee reviews the compact and any plan developed under subdivision (2).
(2) The budget agency prepares a plan showing how Indiana will provide access to health care for Indiana residents under the compact.
(3) The budget agency presents the plan described in subdivision (2) to the health finance commission established by IC 2-5-23-3.
(b) The member states shall take joint and separate action to secure the consent of the United States Congress for the compact in order to return the authority to regulate health care to the member states that is consistent with the goals and principles articulated in the compact.
(c) The member states shall improve health care policy within the states' jurisdictions and according to the judgment and discretion of each member state.
As added by P.L.150-2012, SEC.1.
IC 12-16.5-3-2
State legislature with primary responsibility to regulate health care
Sec. 2. The state legislature of each member state has the primary responsibility to regulate health care in the member state's jurisdiction.
As added by P.L.150-2012, SEC.1.
IC 12-16.5-3-3
Suspension of federal law through express acts; responsibility for implementation
Sec. 3. (a) Each member state, for the member state's jurisdiction, may, to the extent allowed under the Constitution of the United States and the constitution of the member state, suspend by legislation federal laws, regulations, and orders concerning health care that are inconsistent with the laws and regulations adopted by the member state under the compact.
(b) Any federal or state law, regulation, or order concerning health care will remain in effect unless a member state expressly suspends the law, regulation, or order under the member state's authority under the compact.
(c) The member state shall be responsible for implementing any federal law, rule, regulation, or order described in this section that remains in effect in the member state.
As added by P.L.150-2012, SEC.1.
IC 12-16.5-3-4
Right to federal monies; establishment of funding level
Sec. 4. (a) Each member state for each federal fiscal year shall have the right to federal monies in an amount up to the member state current year funding level for the current year, funded by the federal government as mandatory spending and that is not subject to annual appropriation, to support the exercise of the member state authority under the compact. The funding may not be conditional on any action of or regulation, policy, law, or rule that is being adopted by the member state and that is allowed under the Constitution of the United States and the constitution of the member state.
(b) By the start of each federal fiscal year, the federal United States Congress shall establish an initial member state current year funding level for each member state. The initial member state current year funding level must be based on a reasonable estimate. The final member state current year funding level shall be calculated and funding shall be reconciled by the federal United States Congress based on information provided by each member state and audited by the United States Government Accountability Office.
As added by P.L.150-2012, SEC.1.
IC 12-16.5-3-5
Funding of commission
Sec. 5. The member states may fund the commission in a manner agreed upon by the member states.
As added by P.L.150-2012, SEC.1.
IC 12-16.5-3-6
Amendment of compact by unanimous agreement
Sec. 6. The member states may, by unanimous agreement, amend the compact without the prior consent or approval of the federal United States Congress, to the extent the amendment is allowed under the Constitution of the United States and the constitutions of the member states. Any amendment shall be effective unless, not later than one (1) year from the approval of the amendment, the federal United States Congress disapproves of the amendment.
As added by P.L.150-2012, SEC.1.
IC 12-16.5-3-7
Joining of compact by other states
Sec. 7. Any state may join the compact after the date of consent of the compact by the federal United States Congress if the state adopts the compact into law.
As added by P.L.150-2012, SEC.1.
IC 12-16.5-3-8
Withdrawal from compact requirements; liability
Sec. 8. (a) A member state may withdraw from the compact by doing the following:
(1) The member state's governor notifies other member states of
the intent to withdraw from the compact at least six (6) months before the withdrawal may occur.
(2) The member state's legislature adopts legislation to withdraw from the compact.
(b) A member state withdrawing from the compact is liable for any obligations that the withdrawing state may have incurred prior to the date of which the withdrawal is effective.
As added by P.L.150-2012, SEC.1.
IC 12-16.5-3-9
Dissolution of compact after withdrawal
Sec. 9. The compact shall be dissolved upon the withdrawal from the compact of all but one (1) member state.
As added by P.L.150-2012, SEC.1.
