Four Rationers Repeal Act of 2015

Bill: 114-s-1718
Sponsor: full_name: Sen. Roberts, Pat [R-KS]
Introduced: 2015-07-08
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: 2015-07-08
text: Read twice and referred to the Committee on Finance.

Summaries:
action_date: 2015-07-08
action_desc: Introduced in Senate
text: <p><b>Four Rationers Repeal Act of 2015</b></p> <p>This bill repeals provisions of the Patient Protection and Affordable Care Act (PPACA) related to the establishment of the Independent Payment Advisory Board (also known as the Independent Medicare Advisory Board), effective as of enactment of PPACA. (The purpose of the board is to develop proposals to reduce the growth rate of Medicare spending without restricting benefits or modifying eligibility.) Provisions amended by the repealed provisions are restored.</p> <p>This bill amends the Public Health Service Act and title XI, title XVIII (Medicare), and title XIX (Medicaid) of the Social Security Act to eliminate the Center for Medicare and Medicaid Innovation. (The purpose of the center is to test innovative payment and service delivery models to reduce expenditures while preserving or enhancing the quality of care.)</p> <p>Group health plans and health insurers are no longer required to cover, without cost-sharing, certain items and services recommended by the United States Preventive Services Task Force (USPSTF).</p> <p>The Agency for Healthcare Research and Quality is no longer required to convene the USPSTF.</p> <p>The Community Preventive Services Task Force is eliminated. (This task force developed recommendations regarding community preventive interventions based on scientific evidence.)</p> The Department of Health and Human Services may not use comparative effectiveness research to deny or delay coverage of an item or service under a federal health care program. Comparative effectiveness research conducted or supported by the federal government must account for factors contributing to differences in the treatment response and treatment preferences of patients.

tv_txt: II 114th CONGRESS 1st Session S. 1718 IN THE SENATE OF THE UNITED STATES July 8, 2015 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 2015 . 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)(A) of the Social Security Act ( 42 U.S.C. 1395jjj(b)(4)(A) ) is amended to read as follows: (A) A program or demonstration project that involves shared savings under this title. . (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.