,,ib ,union ,calendar ,no4 #de #aahth   
,,congress  #ast ,session  ,h4 ,r4 #dhe 
,report ,no4 #aah-fe1 ,part ,i ,,in     
,,the ,,house ,,of ,,representatives    
,january #bd1 #bjbc,mrs4 ,rodgers of    
,washington 7for herself1 ,mr4 ,smith of
 ,missouri1 ,mr4 ,wenstrup1 and ,mr4    
,burgess7 introduced the following bill2
 which was referred to the ,committee on
 ,energy and ,commerce1 and in addition 
to the ,committee on ,ways and ,means1  
for a period to be subsequently         
determined by the ,speaker1 in each case
 for consideration of such provisions as
 fall within the jurisdiction of the    
committee concerned  ,may #ag1          
#bjbc;,additional sponsors3 ,mr4 ,hern  
and ,mr4 ,carter of ,georgia  ,may #ag1 
#bjbc,reported from the ,committee on   
,energy and ,commerce with an           
amendment,strike out all after the      
enacting clause and insert the part     
printed in italic  ,may #ag1            
#bjbc;,committee on ,ways and ,means    
discharged2 committed to the ,committee 

of the ,whole ,house on the ,state of   
the ,union and ordered to be printed,for
 text of introduced bill1 see copy of   
bill as introduced on ,january #bd1     
#bjbc  ,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 programs4    
#a4 ,short title ,this ,act may be cited
 as the ,protecting ,health ,care for   
,all ,patients ,act of #bjbc4  #b4      
,prohibiting the use of quality-adjusted
 life years and similar measures in     
coverage and payment determinations     
under ,federal health care programs  7a7
 ,in general ,section #aahb7;e7 of the  
,social ,security ,act 7#db ,u4,s4,c4   
#acbj;e-#a7;e77 is amended-- 7#a7 by    
inserting or treats extending the life  
of an elderly1 disabled1 or terminally  
ill individual as of lower value than   
extending the life of an individual who 
is younger1 non-disabled1 or not        

terminally ill after because of an      
individual's disability2  7#b7 by       
inserting described in the preceding    
sentence after such a similar measure2  
7#c7 by striking ,the ,secretary shall  
not and inserting ,a ,federal agency    
7including the ,,cmi 7as described in   
section #aaae;,a77 or ,state may not2   
7#d7 by striking under title ,,xviii4   
and inserting the following3 under any  
,federal health care program 7as defined
 in section #aabh;,b1 except that such  
term shall include the health program   
established under chapter #hi of title  
#e1 ,united ,states ,code742 and  7#e7  
by adding at the end the following new  
sentence3 ,notwithstanding any other    
provision of law1 a ,federal agency     
7including the ,,cmi7 or ,state may not 
waive the application of the provisions 
of this subsection 7or the provisions of
 section #aheb7o71 section              
#ahfj;,d-#ab7;h71 section               
#aijb7;a77#hh71 section #aicb7;b77#i71  
or section #bajb7;e77 under section     

#aaae1 section #aaae;,a1 or any other   
demonstration or waiver authority44  7b7
 ,conforming amendments  7#a7 ,medicaid 
7,a7 ,in general ,section #aijb7;a7 of  
the ,social ,security ,act 7#db         
,u4,s4,c4 #acif;a7a77 is amended-- 7i7  
in paragraph 7#hf71 by striking and at  
the end2  7ii7 in paragraph 7#hg77;,d71 
by striking the period and inserting 2  
and2 and  7iii7 by inserting after      
paragraph 7#hg7 the following new       
paragraph3  7#hh7 provide for compliance
 with the requirements of section       
#aahb7;e7 7relating to prohibiting the  
use of certain measures in coverage     
determinations1 reimbursement1 and      
incentive programs74  4  7,b7 ,managed  
care organizations ,section #aicb7;b7 of
 the ,social ,security ,act 7#db        
,u4,s4,c4 #acifu-#b7;b77 is amended by  
adding at the end the following new     
paragraph3  7#i7 ,prohibition on use of 
quality-adjusted life years ,the        
provisions of section #aahb7;e7 shall   
apply to the utilization of a           

dollars-per-quality adjusted life year  
or similar measure 7as described in such
 section7 by a medicaid managed care    
organization under this title 7or a     
prepaid inpatient health plan or prepaid
 ambulatory health plan1 as defined in  
section #dch4b of title #db1 ,code of   
,federal ,regulations 7or any successor 
regulation71 under a contract with the  
,state7 in the same manner as such      
provisions apply to the utilization of  
such a year or measure by a ,state under
 this title4  4  7#b7 ,,chip ,section   
#bajb of the ,social ,security ,act 7#db
 ,u4,s4,c4 #acig;bb7 is amended by      
adding at the end the following new     
subsection3  7e7 ,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 #aahb7;e7   
7relating to prohibiting the use of     
certain measures in coverage            
determinations1 reimbursement1 and      
incentive programs74  4  7#c7 ,medicare 

,advantage ,section #aheb of the ,social
 ,security ,act 7#db ,u4,s4,c4          
#aciew-#bb7 is amended by adding at the 
end the following new subsection3  7o7  
,prohibition on use of quality-adjusted 
life years ,the provisions of section   
#aahb7;e7 shall apply to the utilization
 of a dollars-per-quality adjusted life 
year or similar measure 7as described in
 such section7 by an ,,ma plan in the   
same manner as such provisions apply to 
the utilization of such a year or       
measure by the ,secretary under this    
title4  4  7#d7 ,medicare part ,d       
,section #ahfj;,d-#ab of the ,social    
,security ,act 7#db ,u4,s4,c4           
#aciew-#aab7 is amended by adding at the
 end the following new subsection3  7h7 
,prohibition on use of quality-adjusted 
life years ,the provisions of section   
#aahb7;e7 shall apply to the utilization
 of a dollars-per-quality adjusted life 
year or similar measure 7as described in
 such section7 by a prescription drug   
plan in the same manner as such         

provisions apply to the utilization of  
such a year or measure by the ,secretary
 under this title4  4  7c7              
,implementation ,the amendments made by 
this section shall apply beginning on   
,january #a1 #bjbe4  ,may #ag1          
#bjbc,reported from the ,committee on   
,energy and ,commerce with an           
amendment,may #ag1 #bjbc;,committee on  
,ways and ,means discharged2 committed  
to the ,committee of the ,whole ,house  
on the ,state of the ,union and ordered 
to be printed