[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 485 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 485
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.
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IN THE HOUSE OF REPRESENTATIVES
January 24, 2023
Mrs. Rodgers of Washington (for herself, Mr. Smith of Missouri, 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Health Care for All
Patients Act of 2023''.
SEC. 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).''.
(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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