II 

113TH CONGRESS 

2D SESSION S. 2278 

To amend the Patient Protection and Affordable Care Act so as to eliminate 

the authority of the Secretary of Health and Human Services to limit 

the ability of medical providers to conduct lawful business, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 1, 2014 

Mr. COBURN (for himself, Mr. BOOZMAN, Mr. PAUL, and Mr. BARRASSO) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Patient Protection and Affordable Care Act 

so as to eliminate the authority of the Secretary of 

Health and Human Services to limit the ability of medical providers to conduct lawful business, and for other 

purposes. 

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 ‘‘Safeguarding Care Of 

5 Patients Everywhere Act’’ or the ‘‘SCOPE Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 


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1 (1) The practice of medicine is guided by a set 

2 of principles contained in the Hippocratic oath, 

3 which in part directs medical practitioners to ‘‘re4 member that I do not treat a fever chart, a can5 cerous growth, but a sick human being’’. 

6 (2) Historically, the practice of medicine has 

7 been principally governed by the laws of each of the 

8 50 States, not the Federal Government. 

9 (3) State medical licensing and disciplinary 

10 boards administer medical practice laws and have 

11 the principal responsibility to protect the public from 

12 improper and unlawful medical practices. 

13 (4) Such boards define activities that constitute 

14 the legitimate practice of medicine. 

15 (5) The actions of the Secretary of Health and 

16 Human Services are not governed by the Hippo17 cratic oath or a medical board of any of the 50 

18 States. 

19 (6) The actions of the Secretary are not deter20 mined solely by the needs of patients. 

21 (7) Individual and institutional financial inter22 ests can influence the discretion and actions of the 

23 Secretary. 


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1 (8) The Patient Protection and Affordable Care 

2 Act, in subsection (h) of section 1311 (42 U.S.C. 

3 18031), grants the Secretary the authority to— 

4 (A) make findings regarding the quality of 

5 medical care and the activities that constitute 

6 the legitimate practice of medicine; and 

7 (B) on the basis of these findings, termi8 nate or limit the ability of medical providers to 

9 conduct lawful business, thus restricting the 

10 practice of medicine by curtailing economic ac11 tivity. 

12 (b) PURPOSE.—The purpose of this Act is to remove 

13 from the Secretary such improper authority, which pre14 sents a threat to the health and welfare of patients in the 

15 United States. 

16 SEC. 3. REPEAL OF RESTRICTIONS ON THE PROFESSIONAL 

17 PRACTICE OF PHYSICIANS AND OTHER 

18 HEALTH CARE PROVIDERS ENTERING INTO 

19 CONTRACTS WITH HEALTH PLANS. 

20 Section 1311 of the Patient Protection and Afford21 able Care Act (42 U.S.C. 18031) is amended by striking 

22 subsection (h), relating to the authority of the Secretary 

23 of Health and Human Services to regulate contracts beVerDate Mar 15 2010 00:10 May 03, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2278.IS S2278

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1 tween qualified health plans and health care providers 

2 based on findings of health care quality. 

Æ 


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