H.R.2784 - No Private Contracts To Be Negotiated When the Patient Is Buck Naked Act of 1997105th Congress (1997-1998)
|Sponsor:||Rep. Stark, Fortney Pete [D-CA-13] (Introduced 10/30/1997)|
|Committees:||House - Ways and Means; Commerce|
|Latest Action:||House - 11/09/1997 Referred to the Subcommittee on Health and Environment, for a period to be subsequently determined by the Chairman. (All Actions)|
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Text: H.R.2784 — 105th Congress (1997-1998)All Information (Except Text)
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Introduced in House (10/30/1997)
[Congressional Bills 105th Congress] [From the U.S. Government Printing Office] [H.R. 2784 Introduced in House (IH)] 105th CONGRESS 1st Session H. R. 2784 To amend title XVIII of the Social Security Act to limit the ability of physicians to demand more money through private contracts during periods in which the patient is in an exposed condition. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES October 30, 1997 Mr. Stark introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Commerce, 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 XVIII of the Social Security Act to limit the ability of physicians to demand more money through private contracts during periods in which the patient is in an exposed condition. 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 ``No Private Contracts To Be Negotiated When the Patient Is Buck Naked Act of 1997''. SEC. 2. FINDINGS. Whereas the Kyl amendment on private contracting gives the patient and the doctor freedom to negotiate payment rates higher than Medicare's payment rates; Whereas most normal patients do not particularly want to pay more for a service and therefore the Kyl amendment is really an amendment to let doctors charge more; Whereas ability of doctors to pick when and where to force patients to give up their Medicare benefits will create such uncertainty as to destroy Medicare as an insurance program that citizens can rely on; Whereas, in light of a recent Wall Street Journal article detailing how a doctor whose income declined from $400,000 a year to $300,000 a year resorted to selling Amway products to his patients to increase his income (despite ethical questions about the practice raised by the American Medical Association), it is likely that some doctors will do anything to make more money and will want to charge more than the Medicare fee schedule; Whereas the negotiation of a private contract--to be fair--should be between two reasonably equal parties; and Whereas there are moments in a doctor's office when it is difficult for the average patient to feel reasonably equal; Therefore it is appropriate to limit the situations in which a negotiated private contract may be discussed in order to avoid turning the negotiation into an extortion. SEC. 3 CERTAIN SITUATIONS WHERE IT IS NOT APPROPRIATE TO NEGOTIATE A PRIVATE CONTRACT To promote equality in the negotiation of private contracts, the Secretary of the Department of Health and Human Services shall issue regulations prohibiting the discussion or signing of private contracts at any time-- (a) the patient is buck naked and the doctor is fully clothed (and conversely, to protect the rights of doctors, when the patient is fully clothed and the doctor is naked); (b) the patient is wearing one of those short, flimsy little hospital gowns that don't close in the back; (c) during any sigmoidoscopic or proctoscopic examination of the gastrointestinal tract or a digital rectal examination of the prostate; (d) during any testicular examination; (e) at any time the patient's legs are in a stirrup device; (f) at any time the patient is using a bedpan or in the middle of the administration of an enema (or awaiting the outcome of such administration); (g) at any time one has been asked to give a urine or stool sample; and (h) at any other time that the Secretary determines that a normal human being would find it awkward to negotiate a contract with his or her physician. <all>