I 111th CONGRESS 2d Session H. R. 6170 IN THE HOUSE OF REPRESENTATIVES September 22, 2010 Mr. Price of Georgia (for himself, Mr. Gingrey of Georgia, Mr. Fleming, Mr. Paul, Mr. Conaway, Mr. King of Iowa, Mr. Franks of Arizona, Mr. Gohmert, Mr. Coffman of Colorado, Mr. Rooney, Mr. Posey, and Mr. Roe of Tennessee) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit the Secretary of Health and Human Services from precluding patients from entering into any contract with their health care providers.

1.

Short title

This Act may be cited as the Patient-Doctor Freedom Act of 2010.

2.

Right of contract with health care providers

(a)

In general

The Secretary of Health and Human Services shall not preclude an enrollee, participant, or beneficiary in a health benefits plan from entering into any contract or arrangement for health care with any health care provider. (b)

Health benefits plan defined

(1)

In general

In this section, subject to paragraph (2), the term health benefits plan means any of the following: (A)Group health plan (as defined in section 2791 of the Public Health Service Act). (B)Health insurance coverage (as defined in section 2791 of such Act). (C)A health benefits plan under chapter 89 of title 5, United States Code. (D)A multi-State qualified health plan under section 1334 of the Patient Protection and Affordable Care Act (42 U.S.C. 18044). (E)A health plan offered under the Consumer Operated and Oriented Plan program under section 1322 of such Act (42 U.S.C. 18042). (F)A basic health program established under section 1331 of such Act (42 U.S.C. 18051). (G)A qualified health plan offered under a health care choice compact under section 1333 of such Act (42 U.S.C. 18053). (H)Another health plan offered under title I of such Act. (2)

Exclusion of Medicaid and TRICARE

Such term does not include a health plan participating in— (A)the Medicaid program under title XIX of the Social Security Act; or (B)the TRICARE program under chapter 55 of title 10, United States Code. (c)

Health care provider defined

In this section, the term health care provider means— (1)a physician, as defined in paragraphs (1), (2), (3), and (4) of section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)); and (2)a health care practitioner described in section 1842(b)(18)(C) of such Act (42 U.S.C. 1395u(b)(18)(C)).