97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2173
 
Introduced 2/10/2011, by Sen. Bill Brady
 
SYNOPSIS AS INTRODUCED:
 

 
20 ILCS 5/5-715 new

     Amends the Civil Administrative Code of Illinois. Sets forth the General Assembly's findings concerning the development of this State's health care system and the federal government proposals for health care that are currently being considered. Provides that a department or agency of the State shall not implement any part of any federal health
care reform passed by the U.S. Congress on or after March 1, 2010, unless certain conditions are present.
  


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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
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1    AN ACT concerning State government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Civil Administrative Code of Illinois is 
5amended by adding Section 5-715 as follows:
 
6    (20 ILCS 5/5-715 new)
7    Sec. 5-715. Implementation of federal health care reform; 
8prohibition.
9    (a) The General Assembly finds the following:
10        (1) This State's health care system has been developed 
11    to address the unique circumstances
in this State and to 
12    provide solutions that work for this State.
13        (2) The federal government proposals for health care 
14    currently being considered:
15            (A) infringe on State powers;
16            (B) impose a uniform solution to a problem that 
17        requires different responses in
different states;
18            (C) threaten the progress this State has made 
19        towards health care system reform; and
20            (D) infringe on the rights of citizens of this 
21        State to provide for their own health care
by:
22                (i) requiring a person to enroll in a 
23            third-party payment system;
 
 
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1                (ii) imposing fines on a person who chooses to 
2            pay directly for health care rather than
use a 
3            third-party payer;
4                (iii) imposing fines on an employer that does 
5            not meet federal standards for providing
health 
6            care benefits for employees; and
7                (iv) threatening private health care systems 
8            with competing health care systems.
9    (b) A department or agency of the State shall not implement 
10any part of any federal health
care reform passed by the United 
11States Congress on or after March 1, 2010, unless:
12        (1) the department or agency reports to the General 
13    Assembly in accordance with
subsection (c) of this Section; 
14    and
15        (2) the General Assembly passes legislation 
16    specifically authorizing the State's
compliance with or 
17    participation in such federal health care reform 
18    provision.
19    (c) The report required under subsection (b) of this 
20Section shall include: 
21        (1)  the specific federal statute or regulation that 
22    requires the State to implement a federal reform provision;
23        (2)  whether the reform provision has any state waiver 
24    or options;
25        (3)  exactly what the reform provision requires the 
26    State to do and how it would be implemented;
 
 
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1        (4)  who in the State shall be impacted by adopting the 
2    federal reform provision or not adopting the federal reform 
3    provision;
4        (5)  the cost to the State or citizens of the State to 
5    implement the federal reform provision; and
6        (6)  the consequences to the State if the State does not 
7    comply with the federal reform provision.