I 112th CONGRESS 2d Session H. R. 6320 IN THE HOUSE OF REPRESENTATIVES August 2, 2012 Mr. Gingrey of Georgia (for himself, Mr. Boustany, Mr. Broun of Georgia, Mr. Bucshon, Mr. Burgess, Mr. Cassidy, Mr. DesJarlais, Mrs. Ellmers, Mr. Fleming, Mr. Gosar, Mr. Harris, Mr. Heck, Mr. Paul, Mr. Roe of Tennessee, and Mr. Price of Georgia) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Patient Protection and Affordable Care Act so as to eliminate the authority of the Secretary of Health and Human Services to limit the ability of medical providers to conduct lawful business, and for other purposes.

1.

Short title

This Act may be cited as the Safeguarding Care Of Patients Everywhere Act or the SCOPE Act.

2.

Findings and Purpose

(a)

Findings

Congress finds the following: (1)The practice of medicine is guided by a set of principles contained in the Hippocratic oath, which in part directs medical practitioners to “remember that I do not treat a fever chart, a cancerous growth, but a sick human being”. (2)Historically, the practice of medicine has been principally governed by the laws of each of the 50 States, not the Federal Government. (3)State medical licensing and disciplinary boards administer medical practice laws and have the principal responsibility to protect the public from improper and unlawful medical practices. (4)Such boards define activities that constitute the legitimate practice of medicine. (5)The actions of the Secretary of Health and Human Services are not governed by the Hippocratic oath or a medical board of any of the 50 States. (6)The actions of the Secretary are not determined solely by the needs of patients. (7)Individual and institutional financial interests can influence the discretion and actions of the Secretary. (8)The Patient Protection and Affordable Care Act, in subsection (h) of section 1311 (42 U.S.C. 18031), grants the Secretary the authority to— (A)make findings regarding the quality of medical care and the activities that constitute the legitimate practice of medicine; and (B)on the basis of these findings, terminate or limit the ability of medical providers to conduct lawful business, thus restricting the practice of medicine by curtailing economic activity. (b)

Purpose

The purpose of this Act is to remove from the Secretary such improper authority, which presents a threat to the health and welfare of patients in the United States.

3.

Repeal of restrictions on the professional practice of physicians and other health care providers entering into contracts with health plans

Section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031) is amended by striking subsection (h), relating to the authority of the Secretary of Health and Human Services to regulate contracts between qualified health plans and health care providers based on findings of health care quality.