Senate Bill 2175

AN ACT TO PROHIBIT STATE ENFORCEMENT OR PARTICIPATION WITH THE FEDERAL "PATIENT PROTECTION AND AFFORDABLE CARE ACT"; TO AMEND SECTION 43-13-101, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE STATE OF MISSISSIPPI FROM FACILITATING IN ANY WAY THE EXPANSION OF THE MEDICAID PROGRAM UNDER THE FEDERAL "PATIENT PROTECTION AND AFFORDABLE CARE ACT"; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Prohibition on enforcement, participation and material support in certain federal acts. Notwithstanding any law, regulation, rule or order to the contrary, no agency of this state, political subdivision of this state, or employee of an agency or political subdivision of this state acting in his or her official capacity, or corporation providing services on behalf of this state or a political subdivision of this state shall:

(a) Enforce any federal act, law, order, rule or regulation of the federal government of the United States designed to give effect to the Patient Protection and Affordable Care Act, signed by President Barack Obama on March 23, 2010.

(b) Provide material support, participation or assistance in any form, with any federal agency or employee engaged in the enforcement of any federal act, law, order, rule or regulation of the federal government of the United States designed to give effect to the Patient Protection and Affordable Care Act.

(c) Utilize any assets, state funds or funds allocated by the state to local entities on or after July 1, 2015, in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the federal government in the enforcement of any federal act, law, order, rule or regulation of the federal government of the United States designed to give effect to the Patient Protection and Affordable Care Act.

SECTION 2. Penalties. (1) An agency or political subdivision of this state may not receive state grant funds if the agency or political subdivision adopts a rule, order, ordinance or policy under which the agency or political subdivision violates Section 1 of this act. State grant funds for the agency or political subdivision shall be denied for the fiscal year following the year in which a final judicial determination in an action brought under this section is made that the agency or political subdivision has intentionally required actions which violate the prohibitions in Section 1 of this act.

(2) Any agent or employee of this state, or of any political subdivision of this state who knowingly violates the prohibitions in Section 1 of this act shall be deemed to have resigned any commission from the State of Mississippi which he or she may possess, his or her office shall be deemed vacant, and he or she shall be forever thereafter ineligible to any office of trust, honor or emolument under the laws of this state.

(3) Any corporation or person that provides services to or on behalf of this state and violates the prohibitions of Section 1 of this act shall be forever ineligible to act on behalf of, or provide services to, this state or any political subdivision of this state.

SECTION 3. Other obligations of Attorney General. The Attorney General shall seek injunctive and any other appropriate relief as expeditiously as possible to preserve the rights and property of the residents of the state, and to defend as necessary the state, and its officials, employees and agents, in the event that any law or regulation violating the public policy set forth in Section 1 of this act is enacted by any government, subdivision or agency thereof.

SECTION 4. Section 43-13-101, Mississippi Code of 1972, is amended as follows:

43-13-101. This article shall be entitled and cited as the "Mississippi Medicaid Law." Notwithstanding any provision of law to the contrary, the state shall not establish, facilitate, implement or participate in the expansion of the Medicaid program pursuant to the federal Patient Protection and Affordable Care Act, Public Law 111-148, as amended.

SECTION 5. This act shall take effect and be in force from and after its passage.