SENIOR ASSEMBLY FEDERAL PROPOSAL NO. 8

INTRODUCED BY SENIOR ASSEMBLY MEMBER LOH

LEGISLATIVE COUNSEL'S DIGEST

AFP 8: IMPLEMENTATION OF THE FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT.

EXISTING LAW, THE FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA), AS AMENDED, REQUIRES A VARIETY OF CHANGES TO BE MADE TO THE MEDICARE AND MEDICAID PROGRAMS. EXISTING LAW REQUIRES THE PPACA BE IMPLEMENTED IN PART USING SOME MANDATORY FUNDS PROVIDED FOR IN THE ACT, AND REQUIRES SOME ANNUALLY APPROPRIATED FUNDS.

THIS MEASURE WOULD MEMORIALIZE THE CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION THAT WOULD MAINTAIN THE ANNUALLY APPROPRIATED FUNDING NECESSARY TO IMPLEMENT THE ACT AND WOULD URGE CONGRESS NOT TO ENACT HOUSE RESOLUTION 1 (H.R. 1) OR SIMILAR LEGISLATION PROHIBITING THE USE OF FEDERAL FUNDING TO CARRY OUT THE ACT’S PROVISIONS.

VOTE: MAJORITY.

AFP 8: RELATING TO THE FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT

WHEREAS, THE FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA) (PUBLIC LAW 111-148), AS AMENDED BY THE HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010 (PUBLIC LAW 111-152), WAS SIGNED INTO LAW BY THE PRESIDENT ON MARCH 23, 2010; AND

WHEREAS, THE PPACA COMPRISES AMERICA’S COMPREHENSIVE FEDERAL HEALTH CARE REFORM AND PROVIDES AN INSUFFICIENT AMOUNT OF MANDATORY FUNDING TO IMPLEMENT HEALTH CARE REFORM, SPAWNING A NEED FOR ANNUALLY APPROPRIATED FUNDS; AND

WHEREAS, HOUSE RESOLUTION 1 WOULD PRECLUDE THE USE OF FEDERAL FUNDING MADE AVAILABLE BY H.R. 1 TO SUPPORT THE PPACA; AND

WHEREAS, A PROHIBITION ON THE USE OF H.R. 1 FUNDING TO CARRY OUT THE PROVISIONS OF THE PPACA WOULD DELAY AGENCIES’ ACTIONS TO IMPLEMENT MANY OF ITS PROVISIONS, SUCH AS COMPLETING REGULATORY PROCESSES FOR ONGOING PROGRAMS, IMPLEMENTING NEW PROGRAMS, AND FULFILLING FUND OBLIGATIONS FOR GRANT PROGRAMS; AND

WHEREAS, IF CONGRESS SUCCESSFULLY ENACTS H.R. 1 OR SIMILAR LEGISLATION DEPRIVING THE PPACA OF FUNDS VITAL TO ITS IMPLEMENTATION, THAT DEPRIVATION ALSO WILL INCREASE THE FEDERAL DEFICIT BY A NET AMOUNT OF $5.7 BILLION OVER THE NEXT 10 YEARS, ACCORDING TO ESTIMATES MADE BY THE CONGRESSIONAL BUDGET OFFICE AND THE STAFF OF THE JOINT COMMITTEE ON TAXATION; AND

WHEREAS, DEPRIVATION OF FUNDING FOR, AND DILATORY IMPLEMENTATION OF, THE PPACA WILL ADVERSELY AFFECT THE QUALITY OF HEALTH CARE IN RURAL AREAS, SLOW INNOVATIVE HEALTH SERVICE DELIVERY AND VALUE-BASED PURCHASING, DIMINISH THE CAPACITY OF THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS) TO SUSPEND PAYMENTS MARRED BY CREDIBLE REPORTS OF FRAUD, AND DISRUPT PAYMENTS OWED TO PROVIDERS, SUPPLIERS, AND BENEFICIARIES MAKING CLAIMS UNDER PAYMENT METHODOLOGIES ESTABLISHED BY THE PPACA; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2011 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT CONGRESS MAINTAIN THE ANNUALLY APPROPRIATED FUNDING NECESSARY TO IMPLEMENT THE PROVISIONS OF THE PPACA, AND URGES CONGRESS NOT TO ENACT H.R. 1 OR SIMILAR LEGISLATION PROHIBITING THE USE OF FEDERAL FUNDING TO CARRY OUT THE PPACA; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE CONGRESS AND THE PRESIDENT TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT AND VICE PRESIDENT, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSONS OF THE HOUSE AND SENATE COMMITTEES ON AGING, AND TO EACH SENATOR AND REPRESENTATIVE FROM CALIFORNIA IN THE CONGRESS OF THE UNITED STATES.

- 0 -

RN 11 17654