1. Short title
This Act may be cited as the “Protecting Health Care for All Patients Act of 2023”.
Protecting Health Care for All Patients Act of 2023
AN ACT
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.
2. Prohibiting the use of quality-adjusted life years and similar measures in coverage and payment determinations under Federal health care programs
by inserting “or treats extending the life of an elderly, disabled, or terminally ill individual as of lower value than extending the life of an individual who is younger, non-disabled, or not terminally ill” after “because of an individual’s disability”;
by inserting “described in the preceding sentence” after “such a similar measure”;
by striking “The Secretary shall not” and inserting “A Federal agency (including the CMI (as described in section 1115A)) or State may not”;
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).”; and
by adding at the end the following new sentence: “Notwithstanding any other provision of law, a Federal agency (including the CMI) or State may not waive the application of the provisions of this subsection (or the provisions of section 1852(o), section 1860D–12(h), section 1902(a)(88), section 1932(b)(9), or section 2102(e)) under section 1115, section 1115A, or any other demonstration or waiver authority.”.
Conforming amendments—
Medicaid—
in paragraph (86), by striking “and” at the end;
in paragraph (87)(D), by striking the period and inserting “; and”; and
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).”
Managed care organizations— Section 1932(b) of the Social Security Act (42 U.S.C. 1396u–2(b)) is amended by adding at the end the following new paragraph:
“(9) Prohibition on use of quality-adjusted life years—The provisions of section 1182(e) shall apply to the utilization of a dollars-per-quality adjusted life year or similar measure (as described in such section) by a medicaid managed care organization under this title (or a prepaid inpatient health plan or prepaid ambulatory health plan, as defined in section 438.2 of title 42, Code of Federal Regulations (or any successor regulation), under a contract with the State) in the same manner as such provisions apply to the utilization of such a year or measure by a State under this title.”
CHIP— Section 2102 of the Social Security Act (42 U.S.C. 1397bb) is amended by adding at the end the following new subsection:
“(e) 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).”
Medicare Advantage— Section 1852 of the Social Security Act (42 U.S.C. 1395w–22) is amended by adding at the end the following new subsection:
“(o) Prohibition on use of quality-adjusted life years—The provisions of section 1182(e) shall apply to the utilization of a dollars-per-quality adjusted life year or similar measure (as described in such section) 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 title.”
Medicare part D— Section 1860D–12 of the Social Security Act (42 U.S.C. 1395w–112) is amended by adding at the end the following new subsection:
“(h) Prohibition on use of quality-adjusted life years—The provisions of section 1182(e) shall apply to the utilization of a dollars-per-quality adjusted life year or similar measure (as described in such section) 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 title.”
Implementation— The amendments made by this section shall apply beginning on January 1, 2025.
3. Prevention and Public Health Fund
Section 4002(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 300u–11) is amended by striking paragraphs (7), (8), and (9) and inserting the following:
“(7) for each of fiscal years 2024 and 2025, $1,102,000,000;
“(8) for each of fiscal years 2026 and 2027, $1,327,000,000;
“(9) for each of fiscal years 2028 and 2029, $1,526,000,000; and”
4. Report
Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit to Congress a report on how quality-adjusted life years negatively impacts individuals with intellectual and developmental disabilities and their access to care.