2011 Utah Code
Title 63M Governor's Programs
Chapter 1 Governor's Office of Economic Development
Section 2505.5 Reporting on federal health reform -- Prohibition of individual mandate.

63M-1-2505.5. Reporting on federal health reform -- Prohibition of individual mandate.
(1) The Legislature finds that:
(a) the state has embarked on a rigorous process of implementing a strategic plan for health system reform pursuant to Section 63M-1-2505;
(b) the health system reform efforts for the state were developed to address the unique circumstances within Utah and to provide solutions that work for Utah;
(c) Utah is a leader in the nation for health system reform which includes:
(i) developing and using health data to control costs and quality; and
(ii) creating a defined contribution insurance market to increase options for employers and employees; and
(d) the federal government proposals for health system reform:
(i) infringe on state powers;
(ii) impose a uniform solution to a problem that requires different responses in different states;
(iii) threaten the progress Utah has made towards health system reform; and
(iv) infringe on the rights of citizens of this state to provide for their own health care by:
(A) requiring a person to enroll in a third party payment system;
(B) imposing fines on a person who chooses to pay directly for health care rather than use a third party payer;
(C) imposing fines on an employer that does not meet federal standards for providing health care benefits for employees; and
(D) threatening private health care systems with competing government supported health care systems.
(2) (a) A department or agency of the state may not implement any part of federal health care reform, as defined in Subsection (3), that is passed by the United States Congress after March 1, 2010, unless the department or agency reports to the Legislature's Business and Labor Interim Committee and if authorized, the Health Reform Task Force and the Legislative Executive Appropriations Committee in accordance with Subsection (2)(c).
(b) The Legislature may pass legislation specifically authorizing or prohibiting the state's compliance with, or participation in, federal health care reform.
(c) The report required under Subsection (2)(a) shall include:
(i) the specific federal statute or regulation that requires the state to implement a federal reform provision;
(ii) whether the reform provision has any state waiver or options;
(iii) exactly what the reform provision requires the state to do, and how it would be implemented;
(iv) who in the state will be impacted by adopting the federal reform provision, or not adopting the federal reform provision;
(v) what is the cost to the state or citizens of the state to implement the federal reform provision; and
(vi) the consequences to the state if the state does not comply with the federal reform provision.
(3) For purposes of this section, "federal health care reform" means federal legislation or federal regulation that:

(a) mandates an individual to purchase health insurance;
(b) mandates a small employer to provide health insurance coverage for employees;
(c) imposes penalties on small employers who do not provide health insurance for their employees;
(d) expands the eligibility for the Medicaid program or the Children's Health Insurance Program, and passes the cost of that expansion to the state;
(e) creates new insurance coverage mandates; or
(f) creates a new government run, public insurance program.
(4) (a) An individual in this state may not be required to obtain or maintain health insurance as defined in Section 31A-1-301, regardless of whether the individual has or is eligible for health insurance coverage under any policy or program provided by or through the individual's employer or a plan sponsored by the state or federal government.
(b) The provisions of this title may not be used to hold an individual in this state liable for any penalty, assessment, fee, or fine as a result of the individual's failure to procure or obtain health insurance coverage.
(c) This section does not apply to an individual who voluntarily applies for coverage under a state administered program pursuant to Title XIX or Title XXI of the Social Security Act.