I
111th CONGRESS
1st Session
H. R. 2516
IN THE HOUSE OF REPRESENTATIVES
May 20, 2009
Mr. Kirk (for himself, Mr. Dent, Mrs. Biggert, Mr. Boustany, Mr. Platts, Mr. Paulsen, Ms. Ginny Brown-Waite of Florida, Mr. Schock, Mr. Tiberi, Mr. Wilson of South Carolina, Mr. Lance, Ms. Foxx, and Mr. Reichert) 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 guarantee the rights of patients and doctors against Federal restrictions or delay in the provision of privately funded health care.
Short title
This Act may be cited as the
Medical Rights Act of
2009
.
Prohibition on restrictions on the practice of medicine and other health care professions
In general
Subject to subsection (b), no Federal funds shall be used to permit any Federal officer or employee to exercise any supervision or control over—
the practice of medicine, the practice of other health care professions, or the manner in which health care services are provided;
the provision, by a physician or a health care practitioner, of advice to a patient about the patient’s health status or recommended treatment for a condition or disease;
the selection, tenure, or compensation of any officer, employee, or contractor of any institution, business, non-Federal agency, or individual providing health care services; or
the administration or operation of any such institution, business, non-Federal agency, or individual, with respect to the provision of health care services to a patient.
Preserving certain current programs
Subsection (a) shall not prohibit the Federal government from operating, managing, supervising employees of, or defining the scope of services provided by Federal entities when directly providing health care services and products, only with respect to the following:
The Veterans Health Administration—
in the case of directly providing health care services through its own facilities and by its own employees; or
in the case of coordinating health care services not described in subparagraph (A) and paid for with Federal funds under programs operated by the Veterans Health Administration.
The Department of Defense—
in the case of directly providing health care services through military treatment facilities;
in the case of paying for health care services for active-duty members of the armed forces or members of the reserve component when called to active duty;
in the case of directly providing health care services to the public in the event of emergency or under other lawful circumstances; or
when necessary to determine whether health care services provided to those who are not active-duty members of the Armed Forces are eligible for payment with Federal funds or to coordinate health care services for patients who are served by both non-Federal entities and military treatment facilities.
The United States Public Health Service—
in the case of providing health care services through its own facilities or by its officers or civilian Federal employees;
in the case of providing or paying for health care services to active-duty members of uniformed services or to reserve members of such services when called to active duty; or
when necessary to determine whether health care services provided to those who are not active-duty members of uniformed services are eligible for payment with Federal funds or to coordinate health care services for patients who are served by both non-Federal entities and Public Health Service treatment facilities
The Indian Health Service—
in the case of directly providing health care services through its own facilities or Federal employees; or
in the case of providing care by non-Federal entities, to the extent necessary to administer contracts and grants pursuant to the Indian Health Care Improvement Act;
The National Institutes of Health—
in the case of providing direct patient care incident to medical research; or
in the case of administering grants for medical research, but in no case shall a non-Federal entity be required or requested to waive the protections of subsection (a) for health care services not incident to medical research funded by the National Institutes of Health as a condition of receiving research grant funding from the National Institutes of Health.
The Health Resources and Services Administration—
in the case of certifying federally qualified health centers, as defined by section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B)), certifying FQHC look-alike status, as defined in section 413.65(n) of title 45 of the Code of Federal Regulations, or providing grants under section 330 of the Public Health Service Act (42 U.S.C. 254b), but only to the extent necessary to determine eligibility for such certification and grant funding and the appropriate amounts of such funding; or
in the case of operating the nation’s human organ, bone marrow, and umbilical cord blood donation and transplantation systems, as and to the extent authorized by law and necessary for the operation of those programs.
Right to contract for health care services and health insurance
Receipt of health services
No Federal funds shall be used by any Federal officer or employee to prohibit any individual from receiving health care services from any provider of health care services—
under terms and conditions mutually acceptable to the patient and the provider; or
under terms and conditions mutually acceptable to the patient, the provider, and any group health plan or health insurance issuer that is obligated to provide health insurance coverage to the patient or any other entity indemnifying the patient’s consumption of health care services;
Health insurance coverage
No Federal funds shall be used by any Federal officer or employee to prohibit any person from entering into a contract with any group health plan, health insurance issuer, or other business, for the provision of, or payment to other parties for, health care services to be determined and provided subsequent to the effective date of the contract, according to terms, conditions, and procedures specified in such contract.
Eligibility for Federal benefits
No person’s eligibility for benefits under any program operated by or funded wholly or partly by the Federal Government shall be adversely affected as a result of having received services in a manner described by subsection (a) or having entered into a contract described in subsection (b).
Federal program participation
No provider of health care services—
shall be denied participation in a Federal program for which it would otherwise be eligible as a result of having provided services in a manner described in subsection (a); or
shall be denied payment for services otherwise eligible for payment under a Federal program as a result of having provided services in a manner described in subsection (a), except to the extent required by subsection (a)(1).
Prohibition on mandating State restrictions
In general
No Federal funds shall be used by any Federal officer or employee to induce or encourage any State or other jurisdiction of the United States to enact any restriction or prohibition prohibited to the Federal Government by this Act.
Protecting State eligibility for Federal funds
No State’s eligibility for participation in any program operated by or funded wholly or partly by the Federal Government, or for receiving funds from the Federal Government shall be conditioned on that State enacting any restriction or prohibition prohibited to the Federal Government by this Act, nor adversely affected by that State’s failure to enact any restriction or prohibition prohibited to the Federal Government by this Act.
Clarification
Nothing in this Act shall be construed to permit the expenditure of funds otherwise prohibited by law.
Conforming amendment
Section 1802(b)(3) of the Social Security Act (42 U.S.C. 1395(2)(B)) is hereby repealed.
Definitions
For purposes of this Act:
Health care services
The term health care services means any lawful service intended to diagnose, cure, prevent, or mitigate the adverse effects of any disease, injury, infirmity, or physical or mental disability, including the provision of any lawful product the use of which is so intended.
Physician
The term “physician” means—
a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which he performs such practice and surgery;
a doctor of dental surgery or of dental medicine who is legally authorized to practice dentistry by the State in which he performs such function and who is acting within the scope of his license when he performs such functions;
a doctor of podiatric medicine but only with respect to functions which he is legally authorized to perform as such by the State in which he performs them;
a doctor of optometry with respect to the provision of items or services which he is legally authorized to perform as a doctor of optometry by the State in which he performs them; or
a chiropractor who is licensed as such by the State (or in a State which does not license chiropractors as such, is legally authorized to perform the services of a chiropractor in the jurisdiction in which he performs such services), but only with respect to treatment which he is legally authorized to perform by the State or jurisdiction in which such treatment is provided.
Practice of medicine
The term practice of medicine means—
health care services that are performed by physicians; and
services and supplies furnished as an incident to a physician’s professional service.
Health care practitioner
The term health care practitioner means a physician assistant, registered nurse, nurse practitioner, psychologist, clinical social worker, midwife, or other individual (other than a physician) licensed or legally authorized to perform health care services in the State in which the individual performs such services.
Practice of other health care professions
The term practice of other health care professions means—
health care services performed by a health care practitioner; and
services and supplies furnished as an incident to a health care practitioner’s professional service.
Group health plan
The term group health plan has the meaning given such term in section 733(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)(1)).
Health insurance issuer
The term health insurance issuer has the meaning given such term in section 733(b)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(b)(2)).
Business
The term business means any sole proprietorship, partnership, for-profit corporation, or not-for-profit corporation.
State
The term State means any of the United States, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, or the District of Columbia.
Effective date
The provisions of this Act shall apply to Federal entities, including employees and officials of such entities, beginning on January 1, 2009.