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H.C.R. 8

             1     

CONCURRENT RESOLUTION ON FEDERAL

             2     
HEALTH CARE REFORM

             3     
2010 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: David Clark

             6     
Senate Sponsor: Wayne L. Niederhauser

             7     
             8      LONG TITLE
             9      General Description:
             10          This concurrent resolution of the Legislature and Governor urges Congress to refuse to
             11      pass any health care legislation that contains certain provisions, urges Congress to pass
             12      health care legislation with specific provisions, and urges Congress, should it pass
             13      health reform legislation that further restricts states, to grandfather certain state laws,
             14      regulations, and practices.
             15      Highlighted Provisions:
             16          This resolution:
             17          .    urges Congress to refuse to enact, and the President of the United States to refuse to
             18      sign, any legislation that imposes further restrictions on any state's ability to regulate
             19      the payment and delivery of health care, imposes additional financial burden related
             20      to health care on any state, or limits the ability of consumers and businesses to
             21      create innovative models for higher quality, lower cost health care;
             22          .    urges Congress to pass, and the President to sign, legislation that grants states
             23      greater flexibility under federal laws and regulations related to health care and
             24      encourages states to create health reform demonstration projects with the potential
             25      for replication elsewhere; and
             26          .    urges that, should Congress pass, and the President sign, legislation that further
             27      restricts states in any manner, the legislation recognize states' efforts to reform


             28      health care by grandfathering any state laws, regulations, or practices intended to contain costs,
             29      improve quality, increase consumerism, or otherwise implement health system reform
             30      concepts.
             31      Special Clauses:
             32          None
             33     
             34      Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
             35          WHEREAS, people's health affects not only their sense of well being, but their capacity
             36      to contribute to their families, to their employers, and to society at large;
             37          WHEREAS, the improvement and maintenance of individual health depends to a
             38      significant extent on the widespread availability of affordable, high quality health care;
             39          WHEREAS, the widespread availability of affordable, high quality health care is
             40      threatened by long-term runaway spending in a system that too often delivers suboptimal care;
             41          WHEREAS, runaway spending and suboptimal care are attributable to various factors,
             42      but are perpetuated to a large extent by a third-party payer system that fails to reward individual
             43      effort to preserve and improve one's health and that fails to reward delivery of the most
             44      effective care at the lowest cost;
             45          WHEREAS, for many years, Utah has been laying the foundation for genuine long-term
             46      health system reform;
             47          WHEREAS, this foundation includes the creation of the Utah Health Data Authority in
             48      1990 and the subsequent collection and publication of hospital charges by facility and adjusted
             49      for risk;
             50          WHEREAS, this foundation includes the establishment in 1993 of the Utah Health
             51      Information Network, a nationally recognized statewide system for processing health insurance
             52      claims at a small fraction of the cost often charged by other claims processors;
             53          WHEREAS, this foundation includes the 2005 requirement that the Utah Health Data
             54      Authority publish reports that compare health care facilities based on charges, quality, and
             55      safety;
             56          WHEREAS, this foundation includes the 2007-08 development of an all-payer database
             57      that will report payments, as opposed to charges, for entire episodes of medical care, and will
             58      ultimately allow consumers to choose from among competing providers of treatments for any


             59      particular condition based on outcomes, price, and other attributes important to the consumer;
             60          WHEREAS, this foundation includes the 2008-09 creation of the first statewide system
             61      in the nation for standardized electronic exchange of clinical health information across provider
             62      systems, including exchange of diagnostic test results and electronic medical record
             63      information;
             64          WHEREAS, this foundation includes the 2008 creation of the Health System Reform
             65      Task Force, a legislative body that has engaged consumers, employers, doctors, hospitals, and
             66      insurers in a voluntary, cooperative effort spanning two years, and involving thousands of
             67      hours, to develop a strategic plan for health system reform;
             68          WHEREAS, this foundation includes the 2009-10 creation of payment and delivery
             69      reform demonstration projects designed to align third-party payment structures with provider
             70      practices that result in the highest quality of care for both chronic and acute conditions;
             71          WHEREAS, this foundation includes the 2009 creation of the nation's second-only
             72      health insurance exchange, a virtual marketplace where employees may enroll under a defined
             73      contribution arrangement, select from a range of plans broader than what an employer
             74      traditionally offers, and fund premiums with contributions from multiple sources;
             75          WHEREAS, this foundation outlined above is the result of an iterative process of
             76      creation and refinement that has relied heavily on the input of all major stakeholders in the
             77      health care system and has been established largely on the basis of cooperation and consensus
             78      rather than compulsion;
             79          WHEREAS, many of the perverse incentives that plague our health care system are
             80      rooted in federal Medicare and Medicaid payment policies, which exert a disproportionate
             81      influence on the privately funded portions of our health care system;
             82          WHEREAS, federal proposals for health system reform recently considered by
             83      Congress emphasize enrollment expansion rather than cost containment, much like boarding
             84      additional passengers on an already sinking Titantic;
             85          WHEREAS, those proposals include laudable authorizations for payment and delivery
             86      reform demonstration projects but otherwise largely lack significant cost containment
             87      provisions;
             88          WHEREAS, those proposals include many provisions to improve quality of care but
             89      fall short of the systemic changes needed to fully link outcomes and payment;


             90          WHEREAS, states have consistently proven themselves laboratories of policy
             91      innovation, in spite of sometimes stifling federal regulatory restrictions;
             92          WHEREAS, the best hope for health system reform lies with individual states, where
             93      an iterative process of experimentation, evaluation, and modification will minimize the
             94      unintended consequences of one-size-fits-all national policies and will produce results worth
             95      replicating; and
             96          WHEREAS, states are in need of additional financial resources and flexibility to
             97      experiment rather than additional benefit mandates, Medicaid eligibility mandates, and rating
             98      restrictions, all of which will inevitably drive up health care spending and costs to states:
             99          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
             100      Governor concurring therein, urge Congress to refuse to enact, and the President of the United
             101      States to refuse to sign, any legislation that imposes further restrictions on any state's ability to
             102      regulate the payment and delivery of health care, imposes additional financial burden related to
             103      health care on any state, or limits the ability of consumers and businesses to create innovative
             104      models for higher quality, lower cost health care.
             105          BE IT FURTHER RESOLVED that the Legislature and the Governor urge that
             106      Congress pass, and the President sign, legislation that grants states greater flexibility under
             107      federal laws and regulations related to health care and encourages states to create health reform
             108      demonstration projects with the potential for replication elsewhere.
             109          BE IT FURTHER RESOLVED that the Legislature and the Governor urge that should
             110      Congress pass, and the President sign, legislation that further restricts states in any manner, that
             111      the legislation recognize states' efforts to reform health care by grandfathering any state laws,
             112      regulations, or practices intended to contain costs, improve quality, increase consumerism, or
             113      otherwise implement health system reform concepts.
             114          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Majority
             115      Leader of the United States Senate, the Speaker of the United States House of Representatives,
             116      the President of the United States, and the members of Utah's Congressional delegation.





Legislative Review Note
    as of 1-22-10 5:04 PM


Office of Legislative Research and General Counsel


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