Section 1 Short title
This Act may be cited as the “Four Rationers Repeal Act of 2015”.
Four Rationers Repeal Act of 2015
A BILL
To provide for the repeal of certain provisions of the Patient Protection and Affordable Care Act that have the effect of rationing health care.
Sec. 2 Repeal of the Independent Payment Advisory Board
Effective as of the enactment of the Patient Protection and Affordable Care Act (Public Law 111–148), sections 3403 and 10320 of such Act (including the amendments made by such sections) are repealed, and any provision of law amended by such sections is hereby restored as if such sections had not been enacted into law.
Sec. 3 Repeal of the Center for Medicare and Medicaid Innovation
In general— Section 1115A of the Social Security Act (42 U.S.C. 1315a) is repealed.
Conforming amendments—
Title XVIII of SSA— Section 1899(b)(4)(A) of the Social Security Act (42 U.S.C. 1395jjj(b)(4)(A)) is amended to read as follows:
“(A) A program or demonstration project that involves shared savings under this title.”
in paragraph (79), by adding “and” after the semicolon at the end;
in paragraph (80), by striking “; and” and inserting a period; and
by striking paragraph (81).
by striking subsection (f); and
by redesignating subsection (g) as subsection (f).
in section 2705 (42 U.S.C. 1315a note)—
in subsection (a), by striking “shall, in coordination” and that follows through “establish” and inserting “shall establish”; and
in subsection (d)(2), by striking “section 1115A(b)(3) of the Social Security Act (as so added)” and inserting “the Social Security Act”; and
in section 10328(b) (42 U.S.C. 1395w–104 note), by striking “or to study” and all that follows through “3021”.
Effective date— The amendments made by this section shall take effect on the date of enactment of this Act.
Sec. 4 Repeal of certain United States Preventive Services Task Force authority
Authority To determine benefits— Section 2713(a) of the Public Health Service Act (42 U.S.C. 300gg–13(a)) is amended—
by striking paragraph (1);
in paragraph (3), by striking “not described in paragraph (1)”; and
by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively.
Repeal of Community Preventive Services Task Force— Section 4003 of the Patient Protection and Affordable Care Act (Public Law 111–148) is repealed and the provisions of the Public Health Service Act amended by such section are restored or revived as if such section 4003 had not been enacted.
Sec. 5 Prohibition on Certain Uses of Data Obtained from Comparative Effectiveness Research; Accounting for Personalized Medicine and Differences in Patient Treatment Response
In general— Notwithstanding any other provision of law, the Secretary of Health and Human Services—
shall not use data obtained from the conduct of comparative effectiveness research, including such research that is conducted or supported using funds appropriated under the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) or authorized or appropriated under the Patient Protection and Affordable Care Act (Public Law 111–148), to deny or delay coverage of an item or service under a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f))); and
shall ensure that comparative effectiveness research conducted or supported by the Federal Government accounts for factors contributing to differences in the treatment response and treatment preferences of patients, including patient-reported outcomes, genomics and personalized medicine, the unique needs of health disparity populations, and indirect patient benefits.
Rule of construction— Nothing in this section shall be construed as affecting the authority of the Commissioner of Food and Drugs under the Federal Food, Drug, and Cosmetic Act or the Public Health Service Act.