II 

113TH CONGRESS 

2D SESSION S. 2064 

To provide for the repeal of certain provisions of the Patient Protection 

and Affordable Care Act that have the effect of rationing health care. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 27, 2014 

Mr. ROBERTS introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To provide for the repeal of certain provisions of the Patient 

Protection and Affordable Care Act that have the effect 

of rationing health care. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Four Rationers Repeal 

5 Act of 2014’’. 

6 SEC. 2. REPEAL OF THE INDEPENDENT PAYMENT ADVI7 SORY BOARD. 

8 Effective as of the enactment of the Patient Protec9 tion and Affordable Care Act (Public Law 111–148), sec10 tions 3403 and 10320 of such Act (including the amendVerDate Mar 15 2010 03:13 Mar 01, 2014 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2064.IS S2064

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1 ments made by such sections) are repealed, and any provi2 sion of law amended by such sections is hereby restored 

3 as if such sections had not been enacted into law. 

4 SEC. 3. REPEAL OF THE CENTER FOR MEDICARE AND MED5 ICAID INNOVATION. 

6 (a) IN GENERAL.—Section 1115A of the Social Secu7 rity Act (42 U.S.C. 1315a) is repealed. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) TITLE XVIII OF SSA.—Section 1899(b)(4) of 

10 the Social Security Act (42 U.S.C. 1395jjj(b)(4)) is 

11 amended by striking ‘‘any of the following’’ and all 

12 that follows through the period at the end of sub13 paragraph (B) and inserting ‘‘the independence at 

14 home medical practice pilot program under section 

15 1866E.’’. 

16 (2) TITLE XIX OF SSA.—Section 1902(a) of the 

17 Social Security Act (42 U.S.C. 1396a(a)) is amend18 ed— 

19 (A) in paragraph (79), by adding ‘‘and’’ 

20 after the semicolon at the end; 

21 (B) in paragraph (80), by striking ‘‘; and’’ 

22 and inserting a period; and 

23 (C) by striking paragraph (81). 

24 (3) PHSA.—Section 933 of the Public Health 

25 Service Act (42 U.S.C. 299b–33) is amended— 


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1 (A) by striking subsection (f); and 

2 (B) by redesignating subsection (g) as sub3 section (f). 

4 (4) PPACA.—The Patient Protection and Af5 fordable Care Act (Public Law 111–148) is amend6 ed— 

7 (A) in section 2705 (42 U.S.C. 1315a 

8 note)— 

9 (i) in subsection (a), by striking 

10 ‘‘shall, in coordination’’ and that follows 

11 through ‘‘establish’’ and inserting ‘‘shall 

12 establish’’; and 

13 (ii) in subsection (d)(2), by striking 

14 ‘‘section 1115A(b)(3) of the Social Secu15 rity Act (as so added)’’ and inserting ‘‘the 

16 Social Security Act’’; and 

17 (B) in section 10328(b) (42 U.S.C. 

18 1395w–104 note), by striking ‘‘or to study’’ and 

19 all that follows through ‘‘3021’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall take effect on the date of enactment of 

22 this Act. 


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1 SEC. 4. REPEAL OF CERTAIN UNITED STATES PREVENTIVE 

2 SERVICES TASK FORCE AUTHORITY. 

3 (a) AUTHORITY TO DETERMINE BENEFITS.—Section 

4 2713(a) of the Public Health Service Act (42 U.S.C. 

5 300gg–13(a)) is amended— 

6 (1) by striking paragraph (1); 

7 (2) in paragraph (3), by striking ‘‘not described 

8 in paragraph (1)’’; and 

9 (3) by redesignating paragraphs (2) through 

10 (5) as paragraphs (1) through (4), respectively. 

11 (b) REPEAL OF COMMUNITY PREVENTIVE SERVICES

12 TASK FORCE.—Section 4003 of the Patient Protection 

13 and Affordable Care Act (Public Law 111–148) is re14 pealed and the provisions of the Public Health Service Act 

15 amended by such section are restored or revived as if such 

16 section 4003 had not been enacted. 

17 SEC. 5. PROHIBITION ON CERTAIN USES OF DATA OB18 TAINED FROM COMPARATIVE EFFECTIVE19 NESS RESEARCH; ACCOUNTING FOR PERSON20 ALIZED MEDICINE AND DIFFERENCES IN PA21 TIENT TREATMENT RESPONSE. 

22 (a) IN GENERAL.—Notwithstanding any other provi23 sion of law, the Secretary of Health and Human Serv24 ices— 

25 (1) shall not use data obtained from the con26 duct of comparative effectiveness research, including 


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1 such research that is conducted or supported using 

2 funds appropriated under the American Recovery 

3 and Reinvestment Act of 2009 (Public Law 111–5) 

4 or authorized or appropriated under the Patient 

5 Protection and Affordable Care Act (Public Law 

6 111–148), to deny or delay coverage of an item or 

7 service under a Federal health care program (as de8 fined in section 1128B(f) of the Social Security Act 

9 (42 U.S.C. 1320a–7b(f))); and 

10 (2) shall ensure that comparative effectiveness 

11 research conducted or supported by the Federal 

12 Government accounts for factors contributing to dif13 ferences in the treatment response and treatment 

14 preferences of patients, including patient-reported 

15 outcomes, genomics and personalized medicine, the 

16 unique needs of health disparity populations, and in17 direct patient benefits. 

18 (b) RULE OF CONSTRUCTION.—Nothing in this sec19 tion shall be construed as affecting the authority of the 

20 Commissioner of Food and Drugs under the Federal 

21 Food, Drug, and Cosmetic Act or the Public Health Serv22 ice Act. 

Æ 


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