House of
Representatives
HCR 2026
affordable care act; unenforceability
Sponsors: Representative Thorpe
Overview
HCR 2026 asserts that the people in this state are not eligible for subsidies from the Affordable Care Act (ACA) and businesses in this state are exempt from the regulations, requirements or fines under the Patient Protection and Affordable Care Act (PPACA).
History
The ACA is a Federal law signed into effect on March 23, 2010. The ACA prohibits insurers from denying coverage to individuals due to pre-existing conditions, and a partial community rating requires insurers to offer the same premium price to all applicants of the same age and geographical location without regard to gender or most pre-existing conditions. Minimum standards for health insurance policies were also established. The ACA provides an individual mandate which requires all individuals not covered by an employer sponsored health plan, Medicaid, Medicare or other public insurance programs to secure an approved private-insurance policy or pay a penalty, unless the applicable individual has a financial hardship or is a member of a recognized religious sect exempted by the Internal Revenue Service. The law includes subsidies to help people with low incomes comply with the mandate.
The ACA consists of two parts, the PPACA and the Health Care and Education Reconciliation Act of 2010. Section 1311 of the PPACA directs states to establish health insurance exchanges, and section 1321 directs the federal government to establish exchanges within states that opt not to do so. Thirty-six states chose not to establish exchanges. Subsidies are available to citizens if they are lawfully in the United States, not eligible for Medicaid, and not enrolled under an exchange plan as an employee or their dependent.
Provisions
1. Asserts that the members of the Legislature declare that the residents of Arizona who are enrolled under the PPACA are not eligible for subsidies because Arizona did not establish a state-run exchange.
2. Maintains that the members of the Legislature declare that Arizona businesses are exempt from the regulations, requirements and fines under the PPACA, because Arizona chose not to establish a state-run exchange.
3. Requires the Secretary of State of the State of Arizona transmit copies of this Resolution to the Department of Health Services and the Arizona Commerce Authority for posting on each agency's website.
---------- DOCUMENT FOOTER ---------
Fifty-second Legislature
First Regular Session 2 February 13, 2015
---------- DOCUMENT FOOTER ---------