To protect the right of States to opt out of a Federal health care takeover.

SA 3608. Mrs. HUTCHISON (for herself, Mr. Enzi, Mr. Coburn, Mr. Burr,
Mr. Brown of Massachusetts, and Mr. Crapo) proposed an amendment to the
bill H.R. 4872, to provide for reconciliation pursuant to Title II of
the concurrent resolution on the budget for fiscal year 2010 (S. Con.
Res. 13); as follows:

At the end of section 1002, insert the following:
(c) Right of States to Opt Out of Federal Health Care
Takeover.--Section 1321(d) of the Patient Protection and
Affordable Care Act is amended--
(1) by striking ``Nothing'' and inserting:
``(1) In general.--Except as provided in paragraph (2),
nothing''; and
(2) by adding at the end the following:
``(2) Exception for opt out of health care reform.--The
provisions of, and the amendments made by, this Act shall not
preempt any State law enacted after the date of enactment of
this Act that exempts the State from such provisions or
amendments, including, but not limited to, provisions and
amendments relating to the individual mandate, the employer
mandate, taxes on prescription drugs, taxes on medical
devices, taxes on high value health plans, Medicare cuts, and
the unfunded expansion of Medicaid.''.
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