Relating to the establishment of a state-based exchange, creation of a state-based exchange fund, state innovation waivers, and including effective date provisions

This bill relates to the establishment of a state-based exchange and the creation of a state-based exchange fund. The bill defines “state-based exchange” as a state, federal, or partnership exchange or marketplace operating in the state pursuant to section 1311 of the federal Patient Protection and Affordable Care Act, Pub. L. 111-148.18A on or before December 31, 2026. Under the bill, at the direction of the governor, the commissioner shall have the authority to create, establish, implement, administer, or otherwise operate a state-based exchange and, if the application for a state innovation is approved, shall do so in accordance with the approved state innovation waiver. _____ (fund) is created in the state treasury under the control of the insurance division (division) and shall consist of moneys appropriated by the general assembly and any other moneys that are lawfully available to the division to be used for purposes of the bill, including but not limited to moneys obtained or accepted by the division from the federal government, user fees, and grants. All documents, materials, complaints, investigations, or other information in the possession or control of the division for purposes of the state-based exchange, or for complying with federal requirements for a federal health insurance exchange, are confidential records not subject to subpoena or discovery, or admissible into evidence, as provided in the bill, unless an exception enumerated in the bill is applicable. The commissioner may adopt rules, including emergency rules, to administer the bill. The bill, being deemed of immediate importance, takes effect upon enactment.