SS/SB 464 - This act prohibits the establishment, creation, or operation of a state-based health insurance exchange unless the exchange is created by a legislative act, an initiative petition, or referendum. The act specifically prohibits the establishment of a state-based health insurance exchange by an executive order issued by the Governor. The act further prohibits state agencies from establishing programs or promulgating any rules or policies to establish, create, administer or otherwise operate a state-based health insurance exchange unless the agency has received statutory authority to create it. The act specifically prohibits agencies from performing responsibilities of a state-based health insurance exchange unless authorized by statute.
Under the terms of this act, no department, agency, instrumentality, or political subdivision of this state shall apply for, accept or expend federal moneys related to the creation, implementation or operation of a state-based health insurance exchange or a federally-facilitated health benefit exchange unless such acceptance or expenditure is authorized by statute or an appropriations bill.
The act prohibits agencies from entering into agreements to establish or operate a federally-facilitated health benefit exchange unless the agency has received statutory authority to enter into such agreements. In addition, the act prohibits departments and agencies from providing assistance or resources of any kind to any federal agency or department relating to the creation of a federally-facilitated health benefit exchange unless the assistance or resources are authorized by state statute or the assistance is mandated by federal law.
The act specifically provides any taxpayer of this state or any member of the general assembly with legal standing to bring suit against the state of Missouri or any official, department, division, agency, or political subdivision of this state which is in violation of the act in any court with jurisdiction to enforce the provisions of the act.
The act requires courts to grant attorney's fees, court costs, and reasonable expenses to taxpayers or legislators who are successful in bringing a lawsuit against the state or one of its agencies. The act further provides that in no case shall the award of attorney's fees, court costs, or reasonable expenses be paid from the legal defense fund, nor shall any department, division, agency, or political subdivision of this state request, or be granted, additional appropriations in order to satisfy an award made under this act.
This act, if approved by the General Assembly, will be submitted to the voters for their approval in November of 2012.
This act is similar to SB 560 (2012).
STEPHEN WITTE