Okla. Stat. tit. 63, § 63-7300

WHEREAS, the separation of powers, both between the branches of

the Federal government and between Federal and State authority, is

essential to the preservation of individual liberty;

WHEREAS, the Constitution creates a Federal government of

limited and enumerated powers, and reserves to the States or to the

people those powers not granted to the Federal government;

WHEREAS, the Federal government has enacted many laws that have

preempted State laws with respect to Health Care, and placed

increasing strain on State budgets, impairing other responsibilities

such as education, infrastructure, and public safety;

WHEREAS, the Member States seek to protect individual liberty

and personal control over Health Care decisions, and believe the

best method to achieve these ends is by vesting regulatory authority

over Health Care in the States;

WHEREAS, by acting in concert, the Member States may express and

inspire confidence in the ability of each Member State to govern

Health Care effectively; and

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WHEREAS, the Member States recognize that consent of Congress

may be more easily secured if the Member States collectively seek

consent through an interstate compact.

NOW THEREFORE, the Member States hereto resolve, and by the

adoption into law under their respective State Constitutions of this

Health Care Compact, agree, as follows:

Sec. 1. Definitions.

As used in this Compact, unless the context clearly indicates

otherwise:

1. “Commission” means the Interstate Advisory Health Care

Commission.

2. “Effective Date” means the date upon which this Compact

shall become effective for purposes of the operation of State and

Federal law in a Member State, which shall be the later of:

(a) the date upon which this Compact shall be adopted under the

laws of the Member State, and

(b) the date upon which this Compact receives the consent of

Congress pursuant to Article I, Section 10, of the United States

Constitution, after at least two Member States adopt this Compact.

3. “Health Care” means care, services, supplies, or plans

related to the health of an individual and includes but is not

limited to:

(a) preventive, diagnostic, therapeutic, rehabilitative,

maintenance, or palliative care and counseling, service, assessment,

or procedure with respect to the physical or mental condition or

functional status of an individual or that affects the structure or

function of the body, and

(b) sale or dispensing of a drug, device, equipment, or other

item in accordance with a prescription, and

(c) an individual or group plan that provides, or pays the cost

of, care, services, or supplies related to the health of an

individual, except any care, services, supplies, or plans provided

by the United States Department of Defense and United States

Department of Veterans Affairs, or provided to Native Americans.

4. “Member State” means a State that is signatory to this

Compact and has adopted it under the laws of that State.

5. “Member State Base Funding Level” means a number equal to

the total Federal spending on Health Care in the Member State during

Federal fiscal year 2010. On or before the Effective Date, each

Member State shall determine the Member State Base Funding Level for

its State, and that number shall be binding upon that Member State.

The preliminary estimate of Member State Base Funding Level for the

State of Oklahoma is Ten Billion Three Hundred Forty-four Million.

6. “Member State Current Year Funding Level” means the Member

State Base Funding Level multiplied by the Member State Current Year

Population Adjustment Factor multiplied by the Current Year

Inflation Adjustment Factor.

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7. “Member State Current Year Population Adjustment Factor”

means the average population of the Member State in the current year
rrent Year Funding Level” means the Member

State Base Funding Level multiplied by the Member State Current Year

Population Adjustment Factor multiplied by the Current Year

Inflation Adjustment Factor.

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7. “Member State Current Year Population Adjustment Factor”

means the average population of the Member State in the current year

less the average population of the Member State in Federal fiscal

year 2010, divided by the average population of the Member State in

Federal fiscal year 2010, plus 1. Average population in a Member

State shall be determined by the United States Census Bureau.

8. “Current Year Inflation Adjustment Factor” means the Total

Gross Domestic Product Deflator in the current year divided by the

Total Gross Domestic Product Deflator in Federal fiscal year 2010.

Total Gross Domestic Product Deflator shall be determined by the

Bureau of Economic Analysis of the United States Department of

Commerce.

Sec. 2. Pledge.

The Member States shall take joint and separate action to secure

the consent of the United States Congress to this Compact in order

to return the authority to regulate Health Care to the Member States

consistent with the goals and principles articulated in this

Compact. The Member States shall improve Health Care policy within

their respective jurisdictions and according to the judgment and

discretion of each Member State.

Sec. 3. Legislative Power.

The legislatures of the Member States have the primary

responsibility to regulate Health Care in their respective States.

Sec. 4. State Control.

Each Member State, within its State, may suspend by legislation

the operation of all federal laws, rules, regulations, and orders

regarding Health Care that are inconsistent with the laws and

regulations adopted by the Member State pursuant to this Compact.

Federal and State laws, rules, regulations, and orders regarding

Health Care will remain in effect unless a Member State expressly

suspends them pursuant to its authority under this Compact. For any

federal law, rule, regulation, or order that remains in effect in a

Member State after the Effective Date, that Member State shall be

responsible for the associated funding obligations in its State.

Sec. 5. Funding.

(a) Each Federal fiscal year, each Member State shall have the

right to Federal monies up to an amount equal to its Member State

Current Year Funding Level for that Federal fiscal year, funded by

Congress as mandatory spending and not subject to annual

appropriation, to support the exercise of Member State authority

under this Compact. This funding shall not be conditional on any

action of or regulation, policy, law, or rule being adopted by the

Member State.

(b) By the start of each Federal fiscal year, Congress shall

establish an initial Member State Current Year Funding Level for

each Member State, based upon reasonable estimates. The final

Member State Current Year Funding Level shall be calculated, and

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funding shall be reconciled by the United States Congress based upon

information provided by each Member State and audited by the United

States Government Accountability Office.

Sec. 6. Interstate Advisory Health Care Commission.

(a) The Interstate Advisory Health Care Commission is

established. The Commission consists of members appointed by each

Member State through a process to be determined by each Member

State. A Member State may not appoint more than two members to the

Commission and may withdraw membership from the Commission at any

time. Each Commission member is entitled to one vote. The

Commission shall not act unless a majority of the members are

present, and no action shall be binding unless approved by a

majority of the Commission’s total membership.
s to be determined by each Member

State. A Member State may not appoint more than two members to the

Commission and may withdraw membership from the Commission at any

time. Each Commission member is entitled to one vote. The

Commission shall not act unless a majority of the members are

present, and no action shall be binding unless approved by a

majority of the Commission’s total membership.

(b) The Commission may elect from among its membership a

Chairperson. The Commission may adopt and publish bylaws and

policies that are not inconsistent with this Compact. The

Commission shall meet at least once a year, and may meet more

frequently.

(c) The Commission may study issues of Health Care regulation

that are of particular concern to the Member States. The Commission

may make nonbinding recommendations to the Member States. The

legislatures of the Member States may consider these recommendations

in determining the appropriate Health Care policies in their

respective States.

(d) The Commission shall collect information and data to assist

the Member States in their regulation of Health Care, including

assessing the performance of various State Health Care programs and

compiling information on the prices of Health Care. The Commission

shall make this information and data available to the legislatures

of the Member States. Notwithstanding any other provision in this

Compact, no Member State shall disclose to the Commission the health

information of any individual, nor shall the Commission disclose the

health information of any individual.

(e) The Commission shall be funded by the Member States as

agreed to by the Member States. The Commission shall have the

responsibilities and duties as may be conferred upon it by

subsequent action of the respective legislatures of the Member

States in accordance with the terms of this Compact.

(f) The Commission shall not take any action within a Member

State that contravenes any State law of that Member State.

Sec. 7. Congressional Consent.

This Compact shall be effective on its adoption by at least two

Member States and consent of the United States Congress. This

Compact shall be effective unless the United States Congress, in

consenting to this Compact, alters the fundamental purposes of this

Compact, which are:

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(a) To secure the right of the Member States to regulate Health

Care in their respective States pursuant to this Compact and to

suspend the operation of any conflicting federal laws, rules,

regulations, and orders within their States; and

(b) To secure Federal funding for Member States that choose to

invoke their authority under this Compact, as prescribed by Section

5 above.

Sec. 8. Amendments.

The Member States, by unanimous agreement, may amend this

Compact from time to time without the prior consent or approval of

Congress and any amendment shall be effective unless, within one

year, the Congress disapproves that amendment. Any State may join

this Compact after the date on which Congress consents to the

Compact by adoption into law under its State Constitution.

Sec. 9. Withdrawal; Dissolution.

Any Member State may withdraw from this Compact by adopting a

law to that effect, but no such withdrawal shall take effect until

six months after the Governor of the withdrawing Member State has

given notice of the withdrawal to the other Member States. A

withdrawing State shall be liable for any obligations that it may

have incurred prior to the date on which its withdrawal becomes

effective. This Compact shall be dissolved upon the withdrawal of

all but one of the Member States.