Recapture Texas’ Right to Set HealthCare Policy

Shh, it’s not nullification but it may be the solution

Congress will not repeal PPACA (aka Obamacare)

Texas is not likely to pass general or specific nullification law.

But we may have a tool to stop PPACA (and potentially other onerous and unconstitutional federal mandates) at our border.

We’ve briefly discussed House Bill 5 and Senate Bill 25, companion bills that would provide for Texas’ entry to a multi state health care compact.

What, you ask, is an interstate health care compact?

It’s simply an agreement among several states that in this case puts participating states in control of health care policy, regaining those powers assumed or (by some accounts) usurped by our federal government.

An Interstate Compact is a contractual arrangement between two or more states in which the parties agree on a specific policy issue and either adopt a set of standards or cooperate with one another on a particular matter.

Interstate Compacts are considered to be the “the most powerful, durable, and adaptive tools for ensuring cooperative action among the states.” They afford states the ability to act jointly outside the constraints of the federal government while at the same time respecting the concept of appropriate joint action imposed by Congress.

According to the Council of State Governments, from 1935-2010, about 150 interstate compacts have been created and the average state belongs to 25 of them. CSG states: “Interstate compacts have typically been used…to stave off federal intervention into an area traditionally reserved for the states.”

{Background: Health Care Compact}

The Texas Public Policy Foundation also comments on the potential of interstate compacts to recapture powers and prerogatives our federal government has taken upon itself.


In brief, a healthcare compact provides for:

Member states working together to pass the Compact agreement, and to improve the health care in their respective states.

Member states recapturing and maintaining primary responsibility for regulation of all non-military health care goods and services in their state.

Member states suspending federal health care regulations within their borders.

Member states receiving funds from the federal government each year to pay for (a portion) of health care costs.

Creating an advisory commission is to gather and publish health care cost data, study various health care issues, and make non-binding recommendations to member states.

Amending the Compact. Once created no Congressional (federal) consent is needed to modify the agreement.

Any member state can withdraw from this Compact at any time.


Please familiarize yourself with this concept of regaining powers rightfully belonging to every state. There is a helpful faq page. If your questions aren’t adequately discussed, drop a line to KWTeaParty and we’ll find it. As with any major policy shift, there are concerns, questions and fears; this is the time to clarify and proceed.

We cannot wait for our federal Congress to repeal PPACA (aka Obamacare), nor should we expect our Legislature will pass and the Governor will sign a general or specific ‘nullification’ bill.

The interstate compact concept has legs and as it does not speak to nullification per se it may have a better chance of passage, but only if we push and push hard. The Health Care Compact concept is moving in many states. Texas has friends and allies working toward restoration of local governance nationwide.

Let your state rep and senator know where you stand.
Texas Legislature Links

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Posted on March 22, 2011, in Uncategorized. Bookmark the permalink. Leave a comment.

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