Library / Laws / 113th / s / S. 2278 / Introduced in Senate
II
113th CONGRESS
2d Session
S. 2278
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.
Short title
This Act may be cited as the
Safeguarding Care Of Patients
Everywhere Act or the SCOPE Act.
2.
Findings and
purpose
(a)
Findings
Congress finds the following:
(1)
The practice of
medicine is guided by a set of principles contained in the Hippocratic
oath,
which in part directs medical practitioners to “remember that I do not
treat a
fever chart, a cancerous growth, but a sick human being”.
(2)
Historically, the
practice of medicine has been principally governed by the laws of each of
the
50 States, not the Federal Government.
(3)
State medical
licensing and disciplinary boards administer medical practice laws and
have the
principal responsibility to protect the public from improper and unlawful
medical practices.
(4)
Such boards define
activities that constitute the legitimate practice of medicine.
(5)
The actions of the Secretary of Health and
Human Services are not governed by the Hippocratic oath or a medical board
of
any of the 50 States.
(6)
The actions of the
Secretary are not determined solely by the needs of patients.
(7)
Individual and institutional financial
interests can influence the discretion and actions of the Secretary.
(8)
The Patient Protection and Affordable Care
Act, in subsection (h) of section 1311 (42 U.S.C. 18031), grants the
Secretary
the authority to—
(A)
make findings
regarding the quality of medical care and the activities that constitute
the
legitimate practice of medicine; and
(B)
on the basis of these findings, terminate
or limit the ability of medical providers to conduct lawful business, thus
restricting the practice of medicine by curtailing economic activity.
(b)
Purpose
The purpose of this Act is to remove from
the Secretary such improper authority, which presents a threat to the
health
and welfare of patients in the United States.
3.
Repeal of
restrictions on the professional practice of physicians and other health
care
providers entering into contracts with health plans
Section 1311 of the Patient Protection and
Affordable Care Act (42 U.S.C. 18031) is amended by striking subsection
(h),
relating to the authority of the Secretary of Health and Human Services to
regulate contracts between qualified health plans and health care
providers
based on findings of health care quality.