[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1289 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1289

 To amend title XVIII of the Social Security Act to clarify the use of 
               private contracts, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 29 (legislative day, September 25), 1995

Mr. Kyl (for himself, Mr. Nunn, Mr. Helms, Mr. Bennett, Mr. Kempthorne, 
and Mr. Faircloth) introduced the following bill; which was read twice 
                and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To amend title XVIII of the Social Security Act to clarify the use of 
               private contracts, and for other purposes.

    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 ``Senior Citizens Health Care Freedom 
to Contract Act of 1995''.

SEC. 2. FACILITATING THE USE OF PRIVATE CONTRACTS UNDER THE MEDICARE 
              PROGRAM.

    (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. 
1395 et seq.) is amended by inserting after section 1804 of such Act 
(42 U.S.C. 1395b-2) the following new section:

        ``clarification of private contracts for health services

    ``Sec. 1805. (a) In General.--Nothing in this title shall prohibit 
a physician or other provider from entering into a private contract 
with a medicare beneficiary for health services for which no claim for 
payment is to be submitted under this title.
    ``(b) Limitation on Actual Charge Not Applicable.--Section 1848(g) 
shall not apply with respect to a health service provided to a medicare 
beneficiary under a contract described in subsection (a).
    ``(c) Medicare Beneficiary.--For purposes of this section, the term 
`medicare beneficiary' means an individual who is entitled to benefits 
under part A or enrolled under part B.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to contracts entered into on and after October 1, 
1995.
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