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8/7/2019 State Legislators Check List for Health Reform Implementation
1/39
The 2011 State Legislators Check List for Health Reform Implementation
DECEMBER 2010
Rachel Morgan RN, BSN, Health Committee Director
National Conference of State Legislatures 444 North Capitol Street, N.W., Suite 515 Washington, D.C. 20001
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The 201
N
STATE E
State Legislato
tional Conferen
PLOYEE BENEF
s Check List for
e of State Legisl
IT CHANGES ......
Health Reform I
atures
.........................
mplementation
.........................
.........................
.........................
..........................
..........................
5
.........................
. 39
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The 201
N
FY2011T
American
NOT
STARTED
State Legislato
tional Conferen
ASKS
Health Benefits E
IN
PROGRESS
CO
s Check List for
e of State Legisl
xchangeS
PLETE
D
IMPLEME
DA
FY2011
Health Reform I
atures
NTATION
TE
Actions ISSUE
PLANNI
The Af
individ
directs
govern
and co
either
INITIAL
The D
their e
to assi
first in
this do
Pr
O Cl FeThe ex
and s
benefi
LINK TO
mplementation
NG FOR STATE EXCHA
fordable Care Act
ual market, and t
states to establis
ment or nonprofi
stsharing credits.
made by state legi
UIDANCE TO STATES
partment of Healt
xchanges. The sec
st states and territ
a series of docum
cument cover the
inciples and Priorit
tline of Statutoryrifications and Po
deral Support for
changes have bee
all business shop
s and services, an
INITIAL GUIDANCE D
NGE IMPLEMENTATIO
(ACA) establishes
o provide options
and implement t
entities will certi
States have seve
slators or depend
ON EXCHANGES
h and Human Serv
etary plans to rel
ories with their ov
nts that will be re
following:
ies
Requirementslicy Guidance, and
he Establishment
defined as a mec
or coverage in a
d quality.
CUMENThttp://
N IN FY2014
a plan to facilitate
for small busine
e operation of an
ying plans and id
al options to stru
nt upon actions t
ices released guid
ase regulations fo
erall planning, incl
leased by HHS ov
of State based exc
hanism for organi
ay that permits e
ww.ncsl.org/doc
the purchase and
s through Ameri
exchange no late
ntify individuals e
ture their exchan
ey take in session
ance November 1
r public comment
uding the legislati
r the next three y
hanges.
ing the health ins
sy comparison of
uments/health/11
sale of qualified
an Health Benefi
than January 1, 2
ligible for Medicai
ges and many of t
from 2011 throug
thto assist states i
in 2011, but has p
e plans for 2011.
ars. The categori
rance marketplac
available plan opti
18ExchGuid.pdf
6
ealth coverage in
Exchanges. The
014. Stateestablis
d, CHIP, and prem
hese decisions wil
h to 2014.
n the developmen
ovided this guida
his guidance is th
s of information i
e to help consume
ons based on pric
the
CA
hed
ium
l be
t of
ce
e
rs
,
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The 201
N
FY2011T
AMERICAN
NOT
STARTED
1SHOP E
State Legislato
tional Conferen
ASKS
HEALTH BENEFITS EX
IN
PROGRESS
CO
xchange is defin
s Check List for
e of State Legisl
CHANGES
PLETED IMPLEME
DA
FY2011
d as meaning the
Health Reform I
atures
NTATION
TE
Actions PLANNIN
LEGISLAT
Sta1.
2.
3.
Det1.
2.
3.
4.
If tthe
be
Du De Co Gra
to
Detint
Ve
mall Business He
mplementation
G FOR STATE EXCHAN
IVE CONSIDERATIONS
te options for con
Designation of th
a new or exi an independ
Whether to estab
Whether to opera
market.
ermine governana governing board
determine the pr
designation of co
licensure require
e state exchange
Department of H
efits in relation to
ies of the exchan
ignate state auth
form all state law
nt necessary rule
xchanges.
ermine budget fo
roperability requi
sion 1.00).
lth Options Progr
GE IMPLEMENTATION
[Based on recom
ideration relating
oversight authori
ting state agency,
ent public agency,
lish a regional or in
te a unified excha
e mechanisms if t, its size, composi
cess of appointm
mittees or other
ents.
will require certai
alth and Human S
premium and cos
e.
rity responsible f
to Federal ERISA f
making authority t
exchange, Medic
rement, (refer to r
m.
IN FY2014 (contin
endations from t
to exchange struc
ty within:
or
or quasigovernm
terstate exchange
ge by merging th
e exchange is nottion and terms,
nts to the board,
entities involved i
health benefits t
ervices. (States m
sharing assistanc
r health benefit pl
iduciary duties.
o appropriate stat
id, and CHIP infor
esource documen
ed)
he NAIC model ac
ure:
ental agency,
, and
SHOP Exchange1
located within a s
heir powers and
daytoday respo
at exceed the ess
st develop a mech
e for enrollees.)
an certification.
e entities responsi
mation technolog
s, Guidance for E
t]
and the exchange
tate agency includ
uties,
nsibilities, and
ential benefits pac
anism to defray t
ble for implement
systems needs ca
change and Medi
7
for the individual
ing:
kage established b
e cost of addition
ing state law relat
pable of meeting
caid IT Systems,
y
l
d
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N
FY2011T
AMERICAN
NOT
STARTED
State Legislato
tional Conferen
ASKS
HEALTH BENEFITS EX
IN
PROGRESS
CO
s Check List for
e of State Legisl
CHANGES
PLETED IMPLEME
DA
FY2011
Health Reform I
atures
NTATION
TE
Actions GUIDAN
Accordi
functio
exchan
particip
Service
I. EXC
mplementation
E FOR STATUTORY RE
ng to the ACA ther
s exchanges must
es must exercise i
ating in the excha
Act.
HANGE FUNCTIONS
Core functions t
1. Certification2. Operation o3. Maintenanc4. Assignment5. Presentation6. Provision of
these progra
7. Provision offor premium
8. Certification9. Provision of10. EstablishmeAdditional Excha1. Presentation2. Provision for3. Consultation4. Publication
QUIREMENT (BASED
e are two basic ty
undertake directl
n certifying and m
ges must also co
at an exchange m
recertification an
a tollfree hotline
of a website for
f a price and qual
of plan benefit o
information on M
ms,
an electronic calcu
tax credits and co
of individuals exe
information on ce
t of a Navigator p
nge functions inclof enrollee satisf
open enrollment
with stakeholders
f data on the exch
N HHSGUIDANCE R
es of federal requ
or, in some cases
onitoring the perf
ply with state ins
ust meet:
d decertification o
,
roviding informat
ity rating to plans,
tions in a standar
dicaid and CHIP el
lator to determin
st sharing reducti
pt from the indiv
tain individuals an
rogram that provi
ude:ction survey resul
periods,
, including tribes,
anges administra
LEASED NOVEMBER
irements for exch
, by contract; and
rmance of Qualifi
rance laws ad fed
f plans,
ion on plans to cur
ized format,
igibility and deter
the actual cost of
ns,
idual responsibilit
d to employers,
es grants to entiti
s,
and
ive costs.
7,2010)
nges which inclu
2) oversight respo
ed Health Plans (Q
eral requirements
rent and prospect
ination of eligibil
coverage taking i
requirement,
es assisting consu
8
e 1) minimum
nsibilities the
HPs). Plans
in the Public Heal
ive enrollees,
ity for individuals i
to account eligibil
ers.
h
n
ity
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N
FY2011T
AMERICAN
NOT
STARTED
State Legislato
tional Conferen
ASKS
HEALTH BENEFITS EX
IN
PROGRESS
CO
s Check List for
e of State Legisl
CHANGES
PLETED IMPLEME
DA
FY2011
Health Reform I
atures
NTATION
TE
Actions GUIDAN
I. OV
mplementation
E FOR STATUTORY RE
RSIGHT RESPONSIBILI
HHS is required t
QHP by an Excha
1. Marketing2. Network ad3. Accreditatio4. Quality impr5. Uniform enrAdditional areas
include:
1. Informationand availabil
2. Consideratiothe plan just
3. Public discloand disenrol
other inform
4. Timely inforspecified pr
5.
Information6. Information
QUIREMENT (BASED
TIES
o develop regulat
nge:
quacy
for performance
ovement and repo
llment procedure
here exchanges
on the availability
ity of essential co
n of plan patterns
ifications for curre
sure of plan data i
lment data, claims
ation identified by
ation for consum
viders,
for participants inon plan quality im
N HHSGUIDANCE R
ry standards in fiv
measures
rting
s
ust ensure plan
of innetwork and
munity providers
and practices with
nt premium incre
entified, includin
denials, rating pra
HHS,
ers requesting the
group health planrovement activiti
LEASED NOVEMBER
e areas that insur
ompliance with re
outofnetwork pr
,
respect to past p
ses,
claims handling p
ctices, cost sharin
ir amount of cost
,es.
7,2010)(CONTINUE
rs must meet in o
gulatory standard
oviders, including
emium increases
olicies, financial d
g for out of netwo
haring for specific
9
D)
rder to be certifie
established by H
provider directori
nd a submission
isclosures, enrollm
rk coverage, and
services from
as
S
s
f
ent
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The 201
N
FY2011T
AMERICAN
NOT
STARTED
State Legislato
tional Conferen
ASKS
HEALTH BENEFITS EX
IN
PROGRESS
CO
s Check List for
e of State Legisl
CHANGES
PLETED IMPLEME
DA
FY2011
Health Reform I
atures
NTATION
TE
Actions CLARIFIC
Perassu
StatHHS
1. Wh2.
Wh
3. Wh20
4. Wh5. Wh6. Wh
re
Statunl
mplementation
TION AND POLICY G
ormance Measur
re transparency.
e Choices. Federal
may offer recom
ether to form the
ether to form regiether to elect the
6, which would li
ether to require a
ether to establish
ether to extend s
uired in the ACA).
e Authority. The f
ss authority to op
IDANCE (BASED ON
s. Standardized p
rules will clarify t
endations and te
exchange as a gov
onal exchanges oroption under the
it access to exch
dditional benefits
a competitive bid
me or all exchang
ederal governmen
erate the exchang
HSGUIDANCE RELEA
blic data reportin
at the following p
chnical assistance
ernmental agency
establish interstatCA to use 50 em
nge coverage to e
in the exchange b
ing process for pl
especific regulati
will work with th
has been delegat
SED NOVEMBER 17,
g will be used to e
olicy areas, amon
to States as they
or a nonprofit en
e coordination forloyees as the cuto
mployer groups o
yond the essentia
ns,
ns to the outside
e Governor of the
ed to a specific au
010)(CONTINUED)
aluate exchange
others, are State
ake these decisio
tity,
certain functions,ff for small group
50 or less,
l health benefits,
insurance market
State as the chief
thority through st
11
erformance and
decisions, althoug
s:
market plans until
(beyond what is
xecutive officer
te law.
h
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AMERICAN
NOT
STARTED
State Legislato
tional Conferen
ASKS
HEALTH BENEFITS EX
IN
PROGRESS
CO
s Check List for
e of State Legisl
CHANGES
PLETED IMPLEME
DA
FY2011
Health Reform I
atures
NTATION
TE
Actions
RulesFEDERAL
CM Co Pro
en
Proalr
Newly
resourc
mplementation
FUNDING FOR MEDIC
S proposed rules
ment period 60
vides an enhance
ancement of syst
vides an enhance
ady meets standa
eveloped standar
e documents, MED
AID ELIGIBILITY DETE
ere released Nov
ays.
FFP of 90 percen
ms until calendar
FFP of 75 percen
rds and after 2015
s will build upon t
ICAID INFORMATION
MINATIONS AND EN
ember 3, 2010.
for state expendi
year 2015.
for maintenance
for systems that
he work of the M
ECHNOLOGY ARCHIT
OLLMENT ACTIVITIES
ures for design, d
and operation of s
ave just become
dicaid Informatio
ECTURE (MITA)fr
PROPOSED RULES
evelopment, instal
ystems before 20
ompliant.
Technology Arch
mework docume
13
lation or
5 if the system
itecture (MITA) (s
ts)
e
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AMERICAN
NOT
STARTED
State Legislato
tional Conferen
ASKS
HEALTH BENEFITS EX
IN
PROGRESS
CO
s Check List for
e of State Legisl
CHANGES
PLETED IMPLEME
DA
FY2011
Health Reform I
atures
NTATION
TE
Actions RESOUR
HHhtt
NAhtt
STAtec
GUI31
HHhtt
FEDhtt
MEhtt
mplementation
E DOCUMENTS
SINITIAL GUIDANCE T
p://www.ncsl.org/
IONAL ASSOCIATION
p://www.naic.org/
TE PLANNING GRANT
hnology (IT) infras
1. announ2. grant ap
DANCE FOR EXCHANG
0FINAL.pdf.
S Memorandum:
p://www.healthca
ERAL FUNDING FOR
p://www.ofr.gov/
DICAID INFORMATION
p://www.cms.gov
O STATES ON EXCHA
documents/health
OF INSURANCE COM
documents/comm
SEARLY INNOVAT
ructure needed t
ement released O
plication package
E AND MEDICAID IT
ederal Support a
re.gov/center/lett
EDICAID ELIGIBILITY
FRUpload/OFRDa
TECHNOLOGY ARCHI
MedicaidInfoTech
GES NOVEMBER 18,
/1118ExchGuid.p
ISSIONER America
ittees_b_exchang
R grants compet
operate Health In
ctober 29, 2010h
http://www.ncsl.
YSTEMS,VERSION 1.
d Standards for
ers/improved_it_s
ETERMINATIONS AN
ta/201027971_PI
ECTURE (MITA)f
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n Health Benefit E
es_adopted_healt
itive funding to de
surance Exchange
ttp://www.ncsl.or
rg/documents/h
http://www.c
edicaid and Exch
ys.pdf.
ENROLLMENT ACTIV
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amework docume
change Model Ac
h_benefit_exchan
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g/documents/hea
alth/EarlyInovGrt
s.gov/apps/docs
ange Information
ITIES PROPOSED RUL
nts are available t
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t adopted 11/22/
es.pdf
t the information
lth/InstEIgrts.pdf.
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JointITGuidance
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10,
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s
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The 201
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FRAUD,W
NOT
STARTED
State Legislato
tional Conferen
ASKS
STE AND ABUSE
IN
PROGRESS
CO
s Check List for
e of State Legisl
MPLETED IMPL
Jan
Health Reform I
atures
MENTATION
DATE
. 1, 2011 ISS
sti
de
re
RE
Th
Ex
A
mplementation
UE
506.OVERPAYMENT
ll required to repa
termination of th
ayments of the F
SOURCE DOCUMENTS
e Centers for Med
tended Period for
DITIONAL RESOURCE
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Director, Medic
http://www.na
SExtends the pe
collections in th
amount of the ov
deral portion wo
icare and Medicai
ollection of Provi
m the National A
id Integrity Group
pi.org/members/
iod for states to r
period collected.
erpayment due to
ld not be due unti
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er Overpayments,
sociation for Me
, Center for Progr
2010presentation
pay uncollected o
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l 30 days after the
andum July 13, 20
http://www.cms.
icaid Program Int
m Integrity, Cent
/MIGUpdate.pdf.
verpayments to o
ts due to fraud ar
l or administrativ
date of the final j
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grity Conference:
rs for Medicare an
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e year; states are
e pending a final
process, state
dgment.
ds/SMD10014.pd
Angela BriceSmi
d Medicaid Servic
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i l
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l i
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The 201
N
FY2011T
Health Ca
NOT
STARTED
State Legislato
tional Conferen
ASKS
re Facilities & Wo
IN
PROGRESS
CO
s Check List for
e of State Legisl
rkforce
MPLETED IMPLE
July
FY
Health Reform I
atures
ENTATION
ATE
1, 2011 ISSUE
550
Bu
t
Ga
2011 ISSUE
340
Cc
a
Pe
P A
mplementation
3.DISTRIBUTION OF
eginning July 1, 2
nder the graduate
em for training o
rants an exceptio
re part of a qualify
H.PROGRAM OF PAY
reates a new secti
osts to qualified t
pproved graduate
ayments will be in
quivalent resident
ayments are to be
ppropriates for th
DDITIONAL RESIDEN
11, the secretary i
medical educatio
primary care phy
to hospitals in ru
ing entity which h
MENTS TO TEACHING
on of the Public H
aching health cen
medical educatio
addition to GME
s paid for by Medi
reduced by 25 pe
is purpose may no
Y POSITIONS.
s directed to redis
program, if they
icians.
ral areas with few
ad a voluntary resi
HEALTH CENTERS TH
alth Service Act r
ers (THCs) for the
(GME) training pr
ayments and will
care or Childrens
rcent if the THC fai
t exceed $230 mill
ribute unfilled res
have been unfilled
r than 250 acute
dency reduction p
T OPERATE GRADUA
quiring HHS to m
expansion of exist
ograms.
not count against
Hospital GME Pro
ls to report certai
ion, for the period
idency positions a
for three cost rep
are inpatient bed
lan approved.
E MEDICAL EDUCATI
ke payments for
ing or the establis
he limit in numbe
rams.
information.
of FY2011 throug
18
llotted for paymen
orts, and convert
and hospitals tha
N PROGRAMS.
irect and indirect
ment of new
r of fulltime
FY2015.
t
t
Th 201
St t L i l t Ch k Li t f H lth R f I
l t ti
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HEALTH CA
NOT
STARTED
State Legislato
tional Conferen
ASKS
RE FACILITIES &WO
IN
PROGRESS
CO
s Check List for
e of State Legisl
KFORCE
MPLETED IMPL
Dec
F
Health Reform I
atures
MENTATION
DATE
Y2011 ISS
. 31, 2011 ISS
2011 ISSU
1
mplementation
UE(FUNDING)
0503.COMMUNITY
Creates the Com
Appropriates $1
Also appropriat
FY2015 and rem
UE
102. ACCOUNTABILI
Directs HHS to e
Medicare and M
facilities.
Calls for the est
Facilities must d
E
09.PAYMENT FOR
Increases Medicaand 2012.
Qualifying hospit
benefit spending.
Payments will be
hospital payment
HEALTH CENTERS AN
munity Health Ce
billion for FY 201
s $1.5 billion for h
ain available until
Y REQUIREMENTS FO
stablish and imple
edicaid skilled nur
blishment of stan
evelop and submit
UALIFYING HOSPITAL
re payments to ac
ls must be locate
in proportion to it
s for all qualifying
THE NATIONAL HEA
ter Fund.
, for community h
ealth center const
expended.
SKILLED NURSING FA
ment a quality ass
sing facilities (SNF
dards relating to q
a plan to meet th
S.
ute care hospitals
in counties rank
s Medicare inpatie
hospitals.
LTH SERVICE CORPS F
ealth center opera
ruction and renov
CILITIES AND NURSIN
urance and perfor
s) and nursing faci
uality assurance a
ese standards to H
in lowcost counti
d in the lowest qu
nt hospital payme
ND.
tions and patient
ation to be availab
FACILITIES.
mance improvem
lities (NFs), includi
d performance im
HS by the end of F
s by $400 million
artile of adjusted
nts relative to Me
19
ervices, and
le for FY2011 thro
nt program for
ng multi unit chain
provement.
Y 2015.
for fiscal years 20
edicare Part A an
icare inpatient
ugh
s of
1
d B
The 201
State Legislato s Check List for Health Reform I
mplementation
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HEALTH CA
NOT
STARTED
State Legislato
tional Conferen
ASKS
RE FACILITIES &WO
IN
PROGRESS
CO
s Check List for
e of State Legisl
KFORCE
MPLETED IMPLE
D
Sept
Health Reform I
atures
MENTATION
DATE
adline
. 30, 2011
ISSU
1
mplementation
E [GRANTOPPORTUN
502.INFRASTRUCTU
Authorizes $100
renovation of:
1. a health2. an inpat3. an outp
The applicable fa
contains the statTo be eligible the
critical for the pr
additional suppo
dedicated fundin
ITY]
RE TO EXPAND ACCES
illion beginning i
care facility that
ient tertiary care f
tient clinical servi
ility must be affili
s sole public acagovernor of a stat
vision of greater
t would be no mo
g mechanism nece
TO CARE. [hospital
FY 2010 through
rovides research
cility, or
es facility.
ated with an acad
emic medical ande must submit an
ccess to care, the
re than 40 percent
ssary to complete
construction gran
to September 30,
mic health center
dental school.application to HHS
facility is essential
of the total cost,
the project.
ts]
2011 for debt serv
at a public resear
that certifies that
to the viability of
nd the state has
20
ice, construction
h university that
the new facility is
the schools, the
stablished a
r
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State Legislato s Check List for
Health Reform I
mplementation
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N
FY2011T
MEDICAID
NOT
STARTED
tional Conferen
ASKS
IN
PROGRESS
CO
e of State Legisl
MPLETED IMPLEM
D Jan.
Jan.
July
atures
ENTATION
ATE
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2006.
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2001.
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to
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, 2011 ISSUE [
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Each t
UDGETITEM]
SPECIAL ADJUSTMEN
duces projected d
tes that have exp
qualify as a disa
ceived a President
saster Relief and E
th individual and
UDGETITEM]
STATE FINANCIAL H
tween January 1,
npregnant, non
the Secretary that
ojects to have a b
TIVE CONSIDERATION
state may make th
10.
UDGETITEM]
PAYMENTS TO TERRI
ginning in July 1,
reased.
quires territories i
th those already e
ovides that the co
RIES AND THEHEALT
rritory will have a
T TO FMAPDETERM
ecreases in federa
erienced major dis
ter recovery FMA
ial declaration of a
mergency Assistan
ublic assistance.
RDSHIP EXEMPTION.
2011 and Decemb
isabled adult pop
the state is exper
dget deficit for a
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