{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-7300","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-7300","heading":"Interstate Health Care Compact","body":"WHEREAS, the separation of powers, both between the branches of\n\nthe Federal government and between Federal and State authority, is\n\nessential to the preservation of individual liberty;\n\nWHEREAS, the Constitution creates a Federal government of\n\nlimited and enumerated powers, and reserves to the States or to the\n\npeople those powers not granted to the Federal government;\n\nWHEREAS, the Federal government has enacted many laws that have\n\npreempted State laws with respect to Health Care, and placed\n\nincreasing strain on State budgets, impairing other responsibilities\n\nsuch as education, infrastructure, and public safety;\n\nWHEREAS, the Member States seek to protect individual liberty\n\nand personal control over Health Care decisions, and believe the\n\nbest method to achieve these ends is by vesting regulatory authority\n\nover Health Care in the States;\n\nWHEREAS, by acting in concert, the Member States may express and\n\ninspire confidence in the ability of each Member State to govern\n\nHealth Care effectively; and\n\nWHEREAS, the Member States recognize that consent of Congress\n\nmay be more easily secured if the Member States collectively seek\n\nconsent through an interstate compact.\n\nNOW THEREFORE, the Member States hereto resolve, and by the\n\nadoption into law under their respective State Constitutions of this\n\nHealth Care Compact, agree, as follows:\n\nSec. 1. Definitions.\n\nAs used in this Compact, unless the context clearly indicates\n\notherwise:\n\n1. “Commission” means the Interstate Advisory Health Care\n\nCommission.\n\n2. “Effective Date” means the date upon which this Compact\n\nshall become effective for purposes of the operation of State and\n\nFederal law in a Member State, which shall be the later of:\n\n(a) the date upon which this Compact shall be adopted under the\n\nlaws of the Member State, and\n\n(b) the date upon which this Compact receives the consent of\n\nCongress pursuant to Article I, Section 10, of the United States\n\nConstitution, after at least two Member States adopt this Compact.\n\n3. “Health Care” means care, services, supplies, or plans\n\nrelated to the health of an individual and includes but is not\n\nlimited to:\n\n(a) preventive, diagnostic, therapeutic, rehabilitative,\n\nmaintenance, or palliative care and counseling, service, assessment,\n\nor procedure with respect to the physical or mental condition or\n\nfunctional status of an individual or that affects the structure or\n\nfunction of the body, and\n\n(b) sale or dispensing of a drug, device, equipment, or other\n\nitem in accordance with a prescription, and\n\n(c) an individual or group plan that provides, or pays the cost\n\nof, care, services, or supplies related to the health of an\n\nindividual, except any care, services, supplies, or plans provided\n\nby the United States Department of Defense and United States\n\nDepartment of Veterans Affairs, or provided to Native Americans.\n\n4. “Member State” means a State that is signatory to this\n\nCompact and has adopted it under the laws of that State.\n\n5. “Member State Base Funding Level” means a number equal to\n\nthe total Federal spending on Health Care in the Member State during\n\nFederal fiscal year 2010. On or before the Effective Date, each\n\nMember State shall determine the Member State Base Funding Level for\n\nits State, and that number shall be binding upon that Member State.\n\nThe preliminary estimate of Member State Base Funding Level for the\n\nState of Oklahoma is Ten Billion Three Hundred Forty-four Million.\n\n6. “Member State Current Year Funding Level” means the Member\n\nState Base Funding Level multiplied by the Member State Current Year\n\nPopulation Adjustment Factor multiplied by the Current Year\n\nInflation Adjustment Factor.\n\n7. “Member State Current Year Population Adjustment Factor”\n\nmeans the average population of the Member State in the current year\nrrent Year Funding Level” means the Member\n\nState Base Funding Level multiplied by the Member State Current Year\n\nPopulation Adjustment Factor multiplied by the Current Year\n\nInflation Adjustment Factor.\n\n7. “Member State Current Year Population Adjustment Factor”\n\nmeans the average population of the Member State in the current year\n\nless the average population of the Member State in Federal fiscal\n\nyear 2010, divided by the average population of the Member State in\n\nFederal fiscal year 2010, plus 1. Average population in a Member\n\nState shall be determined by the United States Census Bureau.\n\n8. “Current Year Inflation Adjustment Factor” means the Total\n\nGross Domestic Product Deflator in the current year divided by the\n\nTotal Gross Domestic Product Deflator in Federal fiscal year 2010.\n\nTotal Gross Domestic Product Deflator shall be determined by the\n\nBureau of Economic Analysis of the United States Department of\n\nCommerce.\n\nSec. 2. Pledge.\n\nThe Member States shall take joint and separate action to secure\n\nthe consent of the United States Congress to this Compact in order\n\nto return the authority to regulate Health Care to the Member States\n\nconsistent with the goals and principles articulated in this\n\nCompact. The Member States shall improve Health Care policy within\n\ntheir respective jurisdictions and according to the judgment and\n\ndiscretion of each Member State.\n\nSec. 3. Legislative Power.\n\nThe legislatures of the Member States have the primary\n\nresponsibility to regulate Health Care in their respective States.\n\nSec. 4. State Control.\n\nEach Member State, within its State, may suspend by legislation\n\nthe operation of all federal laws, rules, regulations, and orders\n\nregarding Health Care that are inconsistent with the laws and\n\nregulations adopted by the Member State pursuant to this Compact.\n\nFederal and State laws, rules, regulations, and orders regarding\n\nHealth Care will remain in effect unless a Member State expressly\n\nsuspends them pursuant to its authority under this Compact. For any\n\nfederal law, rule, regulation, or order that remains in effect in a\n\nMember State after the Effective Date, that Member State shall be\n\nresponsible for the associated funding obligations in its State.\n\nSec. 5. Funding.\n\n(a) Each Federal fiscal year, each Member State shall have the\n\nright to Federal monies up to an amount equal to its Member State\n\nCurrent Year Funding Level for that Federal fiscal year, funded by\n\nCongress as mandatory spending and not subject to annual\n\nappropriation, to support the exercise of Member State authority\n\nunder this Compact. This funding shall not be conditional on any\n\naction of or regulation, policy, law, or rule being adopted by the\n\nMember State.\n\n(b) By the start of each Federal fiscal year, Congress shall\n\nestablish an initial Member State Current Year Funding Level for\n\neach Member State, based upon reasonable estimates. The final\n\nMember State Current Year Funding Level shall be calculated, and\n\nfunding shall be reconciled by the United States Congress based upon\n\ninformation provided by each Member State and audited by the United\n\nStates Government Accountability Office.\n\nSec. 6. Interstate Advisory Health Care Commission.\n\n(a) The Interstate Advisory Health Care Commission is\n\nestablished. The Commission consists of members appointed by each\n\nMember State through a process to be determined by each Member\n\nState. A Member State may not appoint more than two members to the\n\nCommission and may withdraw membership from the Commission at any\n\ntime. Each Commission member is entitled to one vote. The\n\nCommission shall not act unless a majority of the members are\n\npresent, and no action shall be binding unless approved by a\n\nmajority of the Commission’s total membership.\ns to be determined by each Member\n\nState. A Member State may not appoint more than two members to the\n\nCommission and may withdraw membership from the Commission at any\n\ntime. Each Commission member is entitled to one vote. The\n\nCommission shall not act unless a majority of the members are\n\npresent, and no action shall be binding unless approved by a\n\nmajority of the Commission’s total membership.\n\n(b) The Commission may elect from among its membership a\n\nChairperson. The Commission may adopt and publish bylaws and\n\npolicies that are not inconsistent with this Compact. The\n\nCommission shall meet at least once a year, and may meet more\n\nfrequently.\n\n(c) The Commission may study issues of Health Care regulation\n\nthat are of particular concern to the Member States. The Commission\n\nmay make nonbinding recommendations to the Member States. The\n\nlegislatures of the Member States may consider these recommendations\n\nin determining the appropriate Health Care policies in their\n\nrespective States.\n\n(d) The Commission shall collect information and data to assist\n\nthe Member States in their regulation of Health Care, including\n\nassessing the performance of various State Health Care programs and\n\ncompiling information on the prices of Health Care. The Commission\n\nshall make this information and data available to the legislatures\n\nof the Member States. Notwithstanding any other provision in this\n\nCompact, no Member State shall disclose to the Commission the health\n\ninformation of any individual, nor shall the Commission disclose the\n\nhealth information of any individual.\n\n(e) The Commission shall be funded by the Member States as\n\nagreed to by the Member States. The Commission shall have the\n\nresponsibilities and duties as may be conferred upon it by\n\nsubsequent action of the respective legislatures of the Member\n\nStates in accordance with the terms of this Compact.\n\n(f) The Commission shall not take any action within a Member\n\nState that contravenes any State law of that Member State.\n\nSec. 7. Congressional Consent.\n\nThis Compact shall be effective on its adoption by at least two\n\nMember States and consent of the United States Congress. This\n\nCompact shall be effective unless the United States Congress, in\n\nconsenting to this Compact, alters the fundamental purposes of this\n\nCompact, which are:\n\n(a) To secure the right of the Member States to regulate Health\n\nCare in their respective States pursuant to this Compact and to\n\nsuspend the operation of any conflicting federal laws, rules,\n\nregulations, and orders within their States; and\n\n(b) To secure Federal funding for Member States that choose to\n\ninvoke their authority under this Compact, as prescribed by Section\n\n5 above.\n\nSec. 8. Amendments.\n\nThe Member States, by unanimous agreement, may amend this\n\nCompact from time to time without the prior consent or approval of\n\nCongress and any amendment shall be effective unless, within one\n\nyear, the Congress disapproves that amendment. Any State may join\n\nthis Compact after the date on which Congress consents to the\n\nCompact by adoption into law under its State Constitution.\n\nSec. 9. Withdrawal; Dissolution.\n\nAny Member State may withdraw from this Compact by adopting a\n\nlaw to that effect, but no such withdrawal shall take effect until\n\nsix months after the Governor of the withdrawing Member State has\n\ngiven notice of the withdrawal to the other Member States. A\n\nwithdrawing State shall be liable for any obligations that it may\n\nhave incurred prior to the date on which its withdrawal becomes\n\neffective. This Compact shall be dissolved upon the withdrawal of\n\nall but one of the Member States.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c8499ec6aa30005a14b9c9ce9704003223797b8bd4d3d3aa3a82a8255311499f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-7200.5","next":"us-ok/okla.-stat.-tit.-63-63-7301"},"notice":"GroundRules: Original legal text. Not legal advice."}