SENATE CONCURRENT RESOLUTION No. 144
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 21, 2013
Senator NIA H. GILL
District 34 (Essex and Passaic)
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblywoman CELESTE M. RILEY
District 3 (Cumberland, Gloucester and Salem)
Assemblyman UPENDRA J. CHIVUKULA
District 17 (Middlesex and Somerset)
Senator Ruiz, Assemblyman DeAngelo, Assemblywoman Sumter, Assemblymen Coughlin, Fuentes, Assemblywoman Lampitt and Assemblyman Benson
Establishes the “Joint Legislative Task Force on Health Insurance Exchange Implementation.”
CURRENT VERSION OF TEXT
As amended by the Senate on March 18, 2013.
A Concurrent Resolution establishing the “Joint Legislative Task Force on Health Insurance Exchange Implementation.”
Whereas, The federal “Patient Protection and Affordable Care Act,” Pub.L.111-148, was enacted into law on March 23, 2010, and was amended by the federal “Health Care and Education Reconciliation Act of 2010,” Pub.L.111-152, enacted into law on March 30, 2010 (the “federal act”); and
Whereas, On June 28, 2012, the Supreme Court of the United States, in National Federation of Independent Business, et al. v. Sebelius, upheld the primary components of the federal act, including the requirement that a health benefit exchange be operational in every state by January 1, 2014; and
Whereas, The State of New Jersey has not taken clear action to establish an entirely State-run health insurance exchange by January 1, 2014, thereby foregoing certain federal funding and ceding certain authority to create the exchange to the federal government; and
Whereas, The federal act, and the federal regulations adopted pursuant thereto, provide for the federal government to establish an exchange if a state does not meet certain deadlines to establish its own; however, the law also allows states flexibility to partner with the federal government or to assume an increasing role in exchange operations at a later date; and
Whereas, It is the responsibility of the Legislature, recognizing the evolving nature of the health insurance market, the federal act, and legislative and regulatory efforts to design and implement a health insurance exchange in the State, to establish a special legislative entity to oversee and develop recommendations, on an on-going basis, for the implementation of a health insurance exchange in New Jersey; now, therefore,
Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):
1. a. There is established the “Joint Legislative Task Force on Health Insurance Exchange Implementation.”
b. The purpose of the task force shall be to oversee and develop recommendations for the implementation of a health insurance exchange in New Jersey in accordance with the federal act, and the federal regulations adopted pursuant thereto.
c. The task force shall:
(1) analyze and oversee the operation of a federal health insurance exchange in New Jersey;
(2) develop recommendations on the scope of the State’s role in health insurance exchange operations to ensure that the State benefits to the maximum extent practicable from the health insurance exchange; and
(3) make such recommendations as will best ensure a coordinated effort among the relevant State agencies, health care providers, third party payers, and the federal government to implement the health insurance exchange in New Jersey.
2. a. The task force shall be comprised of 12 members, as follows:
(1) The chairpersons of the Senate Health, Human Services and Senior Citizens Committee, the Senate Commerce Committee, the Assembly Health and Senior Services Committee, and the Assembly Financial Institutions and Insurance Committee, as ex officio members, or their designees;
(2) Two members appointed by the Senate President who shall be members of the Senate;
(3) Two members appointed by the Minority Leader of the Senate who shall be members of the Senate;
(4) Two members appointed by the Speaker of the General Assembly who shall be members of the General Assembly; and
(5) Two members appointed by the Minority Leader of the General Assembly who shall be members of the General Assembly.
Vacancies in the membership of the task force shall be filled in the same manner as the original appointments were made.
b. The task force shall organize as soon as may be practicable after the appointment of a majority of its members and shall select a chairperson and vice-chairperson from among its members, and the chairperson shall appoint a secretary who need not be a member of the task force.
c. The members shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties and within the limits of funds available to the task force.
d. The task force may meet and hold hearings at the places it designates during the sessions or recesses of the Legislature.
e. The task force shall be entitled to call to its assistance and avail itself of the services of the employees of any State department, board, bureau, commission, authority, agency, or other entity, as it may require and as may be available for its purposes, and to employ stenographic and clerical assistance and incur traveling and other miscellaneous expenses as may be necessary to perform its duties, within the limits of funds made available to it for its purposes.
1[f. The task force shall have all the powers granted pursuant to Chapter 13 of Title 52 of the Revised Statutes.]1
3. The task force shall:
a. provide the President of the Senate and the Speaker of the General Assembly with quarterly updates of its activities, findings, conclusions, and recommendations for legislation or administrative action; and
b. issue annual reports of its activities, findings, conclusions, and recommendations for legislation or administrative action, including any recommendations to expand the role of the State in implementing the health insurance exchange in New Jersey, to the Governor, the President of the Senate, the Speaker of the General Assembly, and the Minority Leaders of the Senate and General Assembly, with the first annual report being issued one year after the date of enactment of this resolution.
4. This concurrent resolution shall take effect immediately.