If the state has not made "measurable progress" toward creating an exchange by the start of 2013, the federal government could choose to create its own version for the state. Among other things, this entity would also determine whether particular individuals are subject to the PPACA's "individual mandate" to purchase insurance. It would not be subject to the state Freedom of Information Act, and its operations would be funded by imposing fees on insurance providers.
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Senate Roll Call 663 on 2011 Senate Bill 693