I 
111TH CONGRESS 
1ST SESSION H. R. 2516 
To guarantee the rights of patients and doctors against Federal restrictions 
or delay in the provision of privately funded health care. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2009 
Mr. KIRK (for himself, Mr. DENT, Mrs. BIGGERT, Mr. BOUSTANY, Mr. 
PLATTS, Mr. PAULSEN, Ms. GINNY BROWN-WAITE of Florida, Mr. 
SCHOCK, Mr. TIBERI, Mr. WILSON of South Carolina, Mr. LANCE, Ms. 
FOXX, and Mr. REICHERT) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce, and in addition to 
the Committee on Ways and Means, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To guarantee the rights of patients and doctors against 
Federal restrictions or delay in the provision of privately 
funded health care. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Medical Rights Act 
of 2009’’. 
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SEC. 2. PROHIBITION ON RESTRICTIONS ON THE PRACTICE 
OF MEDICINE AND OTHER HEALTH CARE 
PROFESSIONS. 
(a) IN GENERAL.—Subject to subsection (b), no Fed-
eral funds shall be used to permit any Federal officer or 
employee to exercise any supervision or control over— 
(1) the practice of medicine, the practice of 
other health care professions, or the manner in 
which health care services are provided; 
(2) the provision, by a physician or a health 
care practitioner, of advice to a patient about the 
patient’s health status or recommended treatment 
for a condition or disease; 
(3) the selection, tenure, or compensation of 
any officer, employee, or contractor of any institu-
tion, business, non-Federal agency, or individual 
providing health care services; or 
(4) the administration or operation of any such 
institution, business, non-Federal agency, or indi-
vidual, with respect to the provision of health care 
services to a patient. 
(b) PRESERVING CERTAIN CURRENT PROGRAMS.— 
Subsection (a) shall not prohibit the Federal government 
from operating, managing, supervising employees of, or 
defining the scope of services provided by Federal entities 
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when directly providing health care services and products, 
only with respect to the following: 
(1) The Veterans Health Administration— 
(A) in the case of directly providing health 
care services through its own facilities and by 
its own employees; or 
(B) in the case of coordinating health care 
services not described in subparagraph (A) and 
paid for with Federal funds under programs op-
erated by the Veterans Health Administration. 
(2) The Department of Defense— 
(A) in the case of directly providing health 
care services through military treatment facili-
ties; 
(B) in the case of paying for health care 
services for active-duty members of the armed 
forces or members of the reserve component 
when called to active duty; 
(C) in the case of directly providing health 
care services to the public in the event of emer-
gency or under other lawful circumstances; or 
(D) when necessary to determine whether 
health care services provided to those who are 
not active-duty members of the Armed Forces 
are eligible for payment with Federal funds or 
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to coordinate health care services for patients 
who are served by both non-Federal entities and 
military treatment facilities. 
(3) The United States Public Health Service— 
(A) in the case of providing health care 
services through its own facilities or by its offi-
cers or civilian Federal employees; 
(B) in the case of providing or paying for 
health care services to active-duty members of 
uniformed services or to reserve members of 
such services when called to active duty; or 
(C) when necessary to determine whether 
health care services provided to those who are 
not active-duty members of uniformed services 
are eligible for payment with Federal funds or 
to coordinate health care services for patients 
who are served by both non-Federal entities and 
Public Health Service treatment facilities 
(4) The Indian Health Service— 
(A) in the case of directly providing health 
care services through its own facilities or Fed-
eral employees; or 
(B) in the case of providing care by non- 
Federal entities, to the extent necessary to ad-
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minister contracts and grants pursuant to the 
Indian Health Care Improvement Act; 
(5) The National Institutes of Health— 
(A) in the case of providing direct patient 
care incident to medical research; or 
(B) in the case of administering grants for 
medical research, but in no case shall a non- 
Federal entity be required or requested to waive 
the protections of subsection (a) for health care 
services not incident to medical research funded 
by the National Institutes of Health as a condi-
tion of receiving research grant funding from 
the National Institutes of Health. 
(6) The Health Resources and Services Admin-
istration— 
(A) in the case of certifying federally quali-
fied health centers, as defined by section 
1905(l)(2)(B) of the Social Security Act (42 
U.S.C. 1396d(l)(2)(B)), certifying FQHC look- 
alike status, as defined in section 413.65(n) of 
title 45 of the Code of Federal Regulations, or 
providing grants under section 330 of the Pub-
lic Health Service Act (42 U.S.C. 254b), but 
only to the extent necessary to determine eligi-
bility for such certification and grant funding 
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and the appropriate amounts of such funding; 
or 
(B) in the case of operating the nation’s 
human organ, bone marrow, and umbilical cord 
blood donation and transplantation systems, as 
and to the extent authorized by law and nec-
essary for the operation of those programs. 
SEC. 3. RIGHT TO CONTRACT FOR HEALTH CARE SERVICES 
AND HEALTH INSURANCE. 
(a) RECEIPT OF HEALTH SERVICES.—No Federal 
funds shall be used by any Federal officer or employee 
to prohibit any individual from receiving health care serv-
ices from any provider of health care services— 
(1) under terms and conditions mutually ac-
ceptable to the patient and the provider; or 
(2) under terms and conditions mutually ac-
ceptable to the patient, the provider, and any group 
health plan or health insurance issuer that is obli-
gated to provide health insurance coverage to the pa-
tient or any other entity indemnifying the patient’s 
consumption of health care services; 
provided that any such agreement shall be subject to the 
requirements of section 1802(b) of the Social Security Act 
(42 U.S.C. 1395a(b)), as amended by section 6. 
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