Republican Leaders Introduce Legislation to Override the Federal Health Care Law

DENVER--Today the Healthcare Opportunity & Patient Empowerment (HOPE) Act was introduced in the Colorado House of Representatives. The bill would allow Colorado to opt out of the federal Patient Protection and Affordable Care Act (PPACA) by joining an interstate compact which, once approved by the U.S. House and Senate, would supersede prior federal law and give regulatory authority to the states in the compact.

The signature of the President is not necessary to approve interstate compacts, so President Obama could not veto the legislation if approved by Congress.

Republican House Majority Leader Amy Stephens, Majority Whip B.J. Nikkel and Senate Republican Leader Mike Kopp are sponsoring this legislation to preserve Coloradans’ individual liberty and control over healthcare decisions.

This legislation was introduced just shortly after U.S. District Judge Roger Vinson ruled the federal PPACA unconstitutional. Republican House Majority Leader Amy Stephens emphasized the necessity of this legislation by saying, “We need to discuss creative ways to move the healthcare debate forward in light of Judge Vinson’s ruling. Most importantly, this conversation must be founded on the principles of promoting the free market and consumer choice.”

“The U.S. Constitution allows Colorado and other states to form interstate compacts which, once approved by Congress, give them complete regulatory authority outside federal law,” said Senate Republican Leader Mike Kopp. “We believe healthcare decisions should be made on the local level, not by bureaucrats in Washington.”

Senator Kopp and Representative Stephens are in discussions with legislative leaders in several states. Arizona, Montana, North Dakota, Missouri, and Tennessee have already introduced compact legislation, and leaders in Texas and Florida are considering it. Only two states are needed to create an interstate compact.

Authority for this action comes from the “Compact Clause” of the U.S. Constitution (Article I Section 10). The U.S. Supreme Court affirmed that Congressional consent transforms interstate compacts into federal law in the 1981 case Cuyler v. Adams. Approval of the President is not required. Once the compact is approved by Congress, the signatory states would become responsible for the regulation of healthcare within their own jurisdictions without federal mandates.

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