Four Rationers Repeal Act of 2014

Bill: 113-s-2064
Sponsor: full_name: Sen. Roberts, Pat [R-KS]
Introduced: 2014-02-27
Policy area: Health
Subjects: Advisory bodies

Department of Health and Human Services

Executive agency funding and structure

Genetics

Health care costs and insurance

Health care coverage and access

Health information and medical records

Health programs administration and funding

Health promotion and preventive care

Medicaid

Medical research

Medicare

Minority health
Latest action: action_date: 2014-02-27
text: Read twice and referred to the Committee on Finance.

Summaries:
action_date: 2014-02-27
action_desc: Introduced in Senate
text: <p>Four Rationers Repeal Act of 2014 - Repeals sections of the Patient Protection and Affordable Care (PPACA) (and restores provisions of law amended by such sections) related to the establishment of an Independent Payment Advisory Board to develop and submit detailed proposals to reduce the per capita rate of growth in Medicare spending to the President for Congress to consider.</p> <p>Amends title XI of the Social Security Act to repeal provisions establishing the Center for Medicare and Medicaid Innovation.</p> <p>Amends the Public Health Service Act, with respect to coverage of preventive health services by a group health plan or health insurance issuer, to repeal provisions that prohibit cost sharing requirements for evidence-based items or services that have in effect a rating of &quot;A&quot; or &quot;B&quot; in the current recommendations of the United States Preventive Services Task Force. (Such ratings are based upon determinations of net benefit by the Task Force.)</p> <p>Repeals PPACA requirements that: (1) the Director of the Agency for Healthcare Research and Quality convene an independent Preventive Services Task Force, and (2) the Director of the Centers for Disease Control and Prevention (CDC) convene an independent Community Preventive Services Task Force. Restores provisions of law amended by such provisions.</p> <p>Prohibits the Secretary of Health and Human Services (HHS) from using data obtained from comparative effectiveness research, including any conducted or supported using funds appropriated under the American Recovery and Reinvestment Act of 2009 (ARRA) or authorized or appropriated under the Patient Protection and Affordable Care Act, to deny or delay coverage of an item or service under a federal health care program. Requires the Secretary to ensure that comparative effectiveness research conducted or supported by the federal government accounts for factors contributing to differences in the treatment response and preferences of patients, including patient-reported outcomes, genomics and personalized medicine, the unique needs of health disparity populations, and indirect patient benefits.</p>

tv_txt: II 113th CONGRESS 2d Session S. 2064 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. Short title This Act may be cited as the Four Rationers Repeal Act of 2014 . 2. Repeal of the Independent Payment Advisory Board Effective as of the enactment of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), sections 3403 and 10320 of such Act (including the amendments made by such sections) are repealed, and any provision of law amended by such sections is hereby restored as if such sections had not been enacted into law. 3. Repeal of the Center for Medicare and Medicaid Innovation (a) In general Section 1115A of the Social Security Act (42 U.S.C. 1315a) is repealed. (b) Conforming amendments (1) Title XVIII of SSA Section 1899(b)(4) of the Social Security Act (42 U.S.C. 1395jjj(b)(4)) is amended by striking any of the following and all that follows through the period at the end of subparagraph (B) and inserting the independence at home medical practice pilot program under section 1866E. . (2) Title XIX of SSA Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended— (A) in paragraph (79), by adding and after the semicolon at the end; (B) in paragraph (80), by striking ; and and inserting a period; and (C) by striking paragraph (81). (3) PHSA Section 933 of the Public Health Service Act ( 42 U.S.C. 299b–33 ) is amended— (A) by striking subsection (f); and (B) by redesignating subsection (g) as subsection (f). (4) PPACA The Patient Protection and Affordable Care Act ( Public Law 111–148 ) is amended— (A) in section 2705 ( 42 U.S.C. 1315a note)— (i) in subsection (a), by striking shall, in coordination and that follows through establish and inserting shall establish ; and (ii) in subsection (d)(2), by striking section 1115A(b)(3) of the Social Security Act (as so added) and inserting the Social Security Act ; and (B) in section 10328(b) ( 42 U.S.C. 1395w–104 note), by striking or to study and all that follows through 3021 . (c) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. 4. Repeal of certain United States Preventive Services Task Force authority (a) Authority To determine benefits Section 2713(a) of the Public Health Service Act ( 42 U.S.C. 300gg–13(a) ) is amended— (1) by striking paragraph (1); (2) in paragraph (3), by striking not described in paragraph (1) ; and (3) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively. (b) Repeal of Community Preventive Services Task Force Section 4003 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) is repealed and the provisions of the Public Health Service Act amended by such section are restored or revived as if such section 4003 had not been enacted. 5. Prohibition on Certain Uses of Data Obtained from Comparative Effectiveness Research; Accounting for Personalized Medicine and Differences in Patient Treatment Response (a) In general Notwithstanding any other provision of law, the Secretary of Health and Human Services— (1) shall not use data obtained from the conduct of comparative effectiveness research, including such research that is conducted or supported using funds appropriated under the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ) or authorized or appropriated under the Patient Protection and Affordable Care Act ( Public Law 111–148 ), to deny or delay coverage of an item or service under a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f))); and (2) shall ensure that comparative effectiveness research conducted or supported by the Federal Government accounts for factors contributing to differences in the treatment response and treatment preferences of patients, including patient-reported outcomes, genomics and personalized medicine, the unique needs of health disparity populations, and indirect patient benefits. (b) Rule of construction Nothing in this section shall be construed as affecting the authority of the Commissioner of Food and Drugs under the Federal Food, Drug, and Cosmetic Act or the Public Health Service Act.