ATLANTA– State Representative Rick Jasperse (R-Jasper) today announced his introduction of House Bill 461, legislation seeking to restore the power of states to regulate their individual health care systems. Known as the interstate “Health Care Compact,” this legislation is aimed at protecting Georgia’s 10th Amendment right to regulate healthcare within the state.
“Our founding fathers intentionally created a federalism that reserved the states’ authority over all issues not specifically given to the federal government, because they knew it was the best way to preserve individual freedom and opportunity while still enabling individual states to safeguard jobs and prosperity,” said Rep. Jasperse. “Unfortunately, the federal government’s encroachment on the 10th Amendment threatens states’ ability to serve and protect their citizens. Something must be done to stop this encroachment and return the federal government to its constitutional bounds. Neither the Commerce Clause, nor any other section of the Constitution, allows Washington, DC to dictate Georgia’s healthcare regulations.”
The 10th Amendment to the United States Constitution protects the sovereign authority of our nation’s 50 states by granting them authority over all powers not given to the federal government under the Constitution. According to Rep. Jasperse, the broad array of powers reserved for states under the Constitution includes healthcare regulation.
HB 461 would allow the state to assert its 10th Amendment right by requiring the Georgia to enter into “The Healthcare Compact,” an interstate agreement where member states work together to improve the healthcare in their respective states. To accomplish this, the Compact will grant the legislative bodies of its member states full authority over their health care system. The member states would also receive an annual appropriation of mandated spending funds from the federal government which could be adjusted every year based on changes to population and/or inflation. The Compact also allows member states to leave the Compact at any time.
The Compact also establishes the Interstate Advisory Health Care Commission as a non-binding advisory body. The task of the Commission is to collect information and data to assess the performance of various health care programs. The Commission is comprised of members appointed by each member state, with each state limited to no more than two appointments.
Once the Compact receives Congressional approval, member states will be able to suspend federal healthcare regulations simply by adopting superseding legislation into their state laws. However, the federal government would still have jurisdiction over military health care in every U.S. state under the Health Care Compact.
A compact is an agreement between two or more states. Put simply, people and business use contracts to formalize agreements with one another, but states use compacts.
Interstate compacts are a way to move control from the federal government to the states. However, any compact attempting to infringe upon the supremacy of Congress must be approved by Congress, as outlined in Article One, Section 10 of the Constitution. The need for Congressional approval will not be a problem for The Healthcare Compact because member states will insist upon Congressional approval.
HB 461 has been assigned to the House Insurance committee for consideration. It is co-sponsored by Representatives John Meadows (R-Calhoun), Tim Bearden (R-Villa Rica), Terry England (R-Auburn), Roger Williams (R-Dalton), Delvis Dutton (R- Glennville) and others. For more information on HB 461, please click here.
Representative Rick Jasperse represents the citizens of District 12, which includes portions of Bartow, Gordon, and Pickens Counties. He was elected into the House of Representatives in 2010, and currently serves on the Agriculture & Consumer Affairs, Economic Development & Tourism, Game, Fish, & Parks, and the Special Rules committees.
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