Reps. J.E. SMITH, RUTHERFORD, MITCHELL, JEFFERSON, BERNSTEIN and DOUGLAS propose the following Amendment No. 3 to H. 3096 (COUNCIL\NBD\3096C007.NBD.VR13):

Reference is to Printer's Date 1/17/13-H.

Amend the bill, as and if amended, by striking SECTIONS 2 and 3 of the bill in their entirety and inserting:

     /SECTION      2.      Chapter 71, Title 38 of the 1976 Code is amended by adding:

     "Section 38-71-285.      (A)      The State must not elect to establish or operate an American health Benefit Exchange as provided for in the federal 'Patient Protection and Affordable Care Act' of 2010 or federal regulations promulgated pursuant to that act.
     (B)      The State must not establish a governmental agency or nonprofit entity to operate an American Health Benefit Exchange as provided for in the federal 'Patient Protection and Affordable Care Act' of 2010 or federal regulations promulgated pursuant to that act.
     (C)      The state must not participate in a regional exchange as provided for in the federal 'Patient Protection and Affordable Care Act' of 2010 or federal regulations promulgated pursuant to that act."

SECTION      3.      The Department of Insurance shall provide a fiscal impact statement regarding the cost to the State of having a federal health exchange provided by the federal Department of Health and Human Services pursuant to the 'Patient Protection and Affordable Care Act' of 2010.

SECTION      4.      This act takes effect upon approval of the Governor with the exception of Section 2, which does not take effect until the Department of Insurance completes the requirements of Section 3 of this act.            /

Renumber sections to conform.
Amend title to conform.