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
To provide for the repeal of certain provisions of the Patient Protection and Affordable Care Act that have the effect of rationing health care.
This Act may be cited as the
Four Rationers Repeal Act of 2015.
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Care Act (Public Law 111–148), sections 3403 and 10320 of such Act (including the amendments made by such sections) are repealed, and any provision of law amended by such sections is hereby restored as if such sections had not been enacted into law.
Repeal of the Center for Medicare and Medicaid Innovation
Section 1115A of the Social Security Act (42 U.S.C. 1315a) is repealed.
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 program or demonstration project that involves shared savings under this title.
Title XIX of SSA
Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended—
in paragraph (79), by adding
and after the semicolon at the end;
in paragraph (80), by striking
; and and inserting a period; and
by striking paragraph (81).
Section 933 of the Public Health Service Act (42 U.S.C. 299b–33) is amended—
by striking subsection (f); and
by redesignating subsection (g) as subsection (f).
The Patient Protection and Affordable Care Act (Public Law 111–148) is amended—
in section 2705 (42 U.S.C. 1315a note)—
in subsection (a), by striking
shall, in coordination and that follows through
establish and inserting
shall establish; and
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
in section 10328(b) (42 U.S.C. 1395w–104 note), by striking
or to study and all that follows through
The amendments made by this section shall take effect on the date of enactment of this Act.
Repeal of certain United States Preventive Services Task Force authority
Authority To determine benefits
Section 2713(a) of the Public Health Service Act (42 U.S.C. 300gg–13(a)) is amended—
by striking paragraph (1);
in paragraph (3), by striking
not described in paragraph (1); and
by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively.
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.
Prohibition on Certain Uses of Data Obtained from Comparative Effectiveness Research; Accounting for Personalized Medicine and Differences in Patient Treatment Response
Notwithstanding any other provision of law, the Secretary of Health and Human Services—
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
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.
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.