II 

113TH CONGRESS 

1ST SESSION S. 1711 

To enable States to opt out of certain provisions of the Patient Protection 

and Affordable Care Act. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 14, 2013 

Mr. BARRASSO (for himself, Mr. GRAHAM, and Ms. AYOTTE) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To enable States to opt out of certain provisions of the 

Patient Protection and Affordable Care Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘State Health Care 

5 Choice Act’’. 

6 SEC. 2. PURPOSE. 

7 It is the purpose of this Act to protect States’ rights 

8 and to ensure that States have the option to continue to 

9 implement State laws relating to health care delivery and 

10 health insurance that were in effect prior to the date of 


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•S 1711 IS

1 enactment of the Patient Protection and Affordable Care 

2 Act (Public Law 111–148). 

3 SEC. 3. PROTECTION OF STATE FLEXIBILITY TO PROVIDE 

4 HEALTH COVERAGE. 

5 (a) STATE OPT OUT OF CERTAIN PROVISIONS OF

6 PPACA.— 

7 (1) IN GENERAL.—A State described in sub8 section (b) may elect to limit the application of any 

9 or all of the provisions of the Patient Protection and 

10 Affordable Care Act (Public Law 111–148) de11 scribed in paragraph (2) with respect to health in12 surance coverage within that State. 

13 (2) PROVISIONS DESCRIBED.—The provisions of 

14 the Patient Protection and Affordable Care Act de15 scribed in this paragraph are as follows: 

16 (A) Subtitles A through C of title I (and 

17 the amendments made by such subtitles), ex18 cept for sections 1253 and 1254. 

19 (B) Parts I, II, III, and V of subtitle D of 

20 title I (and the amendments made by such 

21 parts). 

22 (C) Part I of subtitle E of title I (and the 

23 amendments made by such part). 

24 (D) Subtitle F of title I (and the amend25 ments made by such part). 


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•S 1711 IS

1 (E) Section 1561 (and the amendment 

2 made by such section). 

3 (F) Sections 10101 through 10107 (and 

4 the amendments made by such sections). 

5 (b) STATE DESCRIBED.— 

6 (1) ENACTMENT OF STATE LAW.—A State de7 scribed in this subsection is a State that enacts a 

8 law after the date of enactment of this Act that— 

9 (A) expresses the intent of the State to opt 

10 out of one or more of the provisions of the Pa11 tient Protection and Affordable Care Act (Pub12 lic Law 111–148) described in subsection (a); 

13 (B) contains a list of the provisions of such 

14 Act which will not apply to the State under the 

15 State law; and 

16 (C) expresses the intent of the State to 

17 continue to administer health coverage-related 

18 laws as in effect in the State on March 23, 

19 2010, or that provides for the implementation 

20 of related State laws enacted after such date. 

21 (2) REPEAL.—If a State repeals a law de22 scribed in paragraph (1), the provisions of the Pa23 tient Protection and Affordable Care Act listed in 

24 such law shall apply with respect to such State be25 ginning on the date of such repeal. 


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1 (c) REGULATIONS.—The Secretary, in consultation 

2 with the Secretary of the Treasury, shall promulgate regu3 lations to provide for the implementation of this Act. 

Æ 


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