Whereas, the separation of powers, both between the branches of the federal government and between federal and state authority, is essential to the preservation of individual liberty;
Whereas, the Constitution creates a federal government of limited and enumerated powers, and reserves to the States or to the people those powers not granted to the federal government;
Whereas, the federal government has enacted many laws that have preempted state laws with respect to Health Care, even though Health Care regulation is properly the authority and responsibility of the States;
Whereas, the Member States seek to increase individual liberty and control over personal Health Care decisions, and believe the best method to secure that control is by vesting regulatory authority over Health Care in the States;
Whereas, by acting in concert, the Member States may express and inspire confidence in the ability of each Member State to effectively govern Health Care; and
Whereas, the Member States recognize that consent of Congress may be more easily secured if the Member States collectively seek consent through an interstate compact;
NOW THEREFORE, the Member States hereto resolve, and by the adoption into law under their respective state constitutions of the present Health Care Compact, agree, as follows:
Sec. 1. Definitions. For purposes of this Compact:
?Member State? shall refer to a state that is signatory to this Compact and has adopted it under the laws of that state.
?Effective Date? shall refer to the date upon which this Compact shall become effective for purposes of the operation of state and federal law in a Member State, which shall be the latter of:
a) the date upon which this Compact shall be adopted under the laws of the Member State,
b) the date upon which this Compact receives the consent of Congress pursuant to Article I, Section 10, of the Constitution, such consent itself requiring this Compact to have been adopted by at least two Member States.
?Health Care? shall refer to all healthcare goods and services that fall under the definition of ?Health Care? in Title 45, Part 160, Section 103 of the Code of Federal Regulations, except those provided by the Department of Defense and Veterans Administration.
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