Bill > H3101

This bill, titled the Freedom of Health Care Protection Act, aims to nullify and prevent the enforcement of certain federal laws, specifically parts of the Patient Protection and Affordable Care Act (ACA), which South Carolina deems unconstitutional and an overreach of federal power. The bill asserts that the federal government only has powers delegated to it by the Constitution, and the ACA exceeds these powers, particularly concerning the regulation of health insurance and mandating individuals purchase it. It prohibits any state agency, officer, or employee from assisting in the enforcement of these allegedly unconstitutional federal provisions and empowers the South Carolina General Assembly to take necessary actions to prevent such enforcement. Furthermore, the bill allows the South Carolina Attorney General to take legal action to stop harm caused by the ACA's implementation and grants state taxpayers a deduction for any taxes or penalties paid under a specific ACA provision (26 U.S.C. Section 5000A). It also explicitly forbids South Carolina and its political subdivisions from establishing or participating in Health Care Exchanges, which are marketplaces for purchasing health insurance created under the ACA, and declares any health insurance contract established in violation of this prohibition void. Finally, the bill prohibits state entities from authorizing employees or contractors to conduct or participate in involuntary in-home visitation programs established by the ACA.