Library / Laws / 117th / hr / H.R. 7634 / Introduced in House
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117th CONGRESS
2d Session
H. R. 7634
IN THE HOUSE OF REPRESENTATIVES
April 28, 2022Mrs. Rodgers of Washington (for herself, Mr. Banks, Mr. Wenstrup, and Mr. Burgess) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend title XI of the Social Security Act to prohibit the use of quality-adjusted life years and similar measures in coverage and payment determinations under Federal health care programs.
1.
Short title
This Act may be cited as the Protecting Health Care for All Patients Act of 2022.
2.
Prohibiting the use of quality-adjusted life years and similar measures in coverage and payment determinations under Federal health care programs
(a)
In general
Section 1182(e) of the Social Security Act (42 U.S.C. 1320e–1(e)) is amended—
(1) by striking The Secretary shall not and inserting A Federal agency or State may not;
(2) by inserting , including by using a price developed by any entity or government that is based on such an adjusted life year (or such a similar measure) or using averages or other pricing metrics that directly or indirectly take into account such prices, after (or such a similar measure); and
(3) by striking under title XVIII. and inserting the following: under any Federal health care program (as defined in section 1128B, except that such term shall include the health program established under chapter 89 of title 5, United States Code)..
(b)
Conforming amendments
(1)
Medicaid
Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended—
(A) in paragraph (86), by striking and at the end;
(B) in paragraph (87)(D), by striking the period and inserting ; and; and
(C) by inserting after paragraph (87) the following new paragraph:
(88) provide for compliance with the requirements of section 1182(e) (relating to prohibiting the use of certain measures in coverage determinations, reimbursement, and incentive programs).
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(2)
CHIP
Section 2102 of the Social Security Act (42 U.S.C. 1397bb) is amended by adding at the end the following new subsection:
(d)
Prohibition on the use of quality-Adjusted life years and similar measures
A State child health plan shall provide for compliance with the requirements of section 1182(e) (relating to prohibiting the use of certain measures in coverage determinations, reimbursement, and incentive programs).
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