H. B. 2841
(By Delegates Overington, Lane, D. Evans,
R. Smith, Armstead, Arvon, Gearheart, Butler,
Householder, Sobonya and Cadle)
[Introduced March 6, 2013; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-1-1a, relating to
federal health care legislation and a prohibition against the
federal government from requiring state agencies to enforce
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §16-1-1a, to read as
ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.
§16-1-1a. Federal health care legislation.
_____(a) The Legislature finds that:
_____(1) The people of the several states comprising the United
States of America created the federal government to be their agent
for certain enumerated purposes and nothing more;
_____(2) The Tenth Amendment to the United States Constitution defines the total scope of federal power as being that which has
been delegated by the people of the several states to the federal
government and all power not delegated to the federal government in
the Constitution of the United States is reserved to the states
respectively or to the people themselves. Furthermore, as stated
in the Ninth Amendment, "the enumeration in the Constitution, of
certain rights, shall not be construed to deny or disparage others
retained by the people"; and
_____(3) The assumption that the federal government has made by
enacting the Patient Protection and Affordable Care Act (P.L.
111-148) and the Health Care and Education Reconciliation Act of
2010 (P.L. 111-152) is nowhere expressly granted by the United
States Constitution and interferes with the right of the people of
this state to regulate health care as they see fit.
_____(b) Notwithstanding any provision in this code to the contrary
and subject to state and federal law, the federal government may
not require state agencies to enforce any of the provisions of
federal health care legislation including, but not limited to, the
Patient Protection and Affordable Care Act (P.L. 111-148) and the
Health Care and Education Reconciliation Act of 2010 (P.L.
NOTE: The purpose of this bill is to prohibit the federal
government from requiring state agencies to enforce the provisions
of federal health care legislation.
This bill is new; therefore, it has been completely