[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1718 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1718

    To provide for the repeal of certain provisions of the Patient 
 Protection and Affordable Care Act that have the effect of rationing 
                              health care.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 8, 2015

  Mr. Roberts introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 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.

    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 ``Four Rationers Repeal Act of 2015''.

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such Act (including the amendments made by such sections) are repealed, 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.

    (a) In General.--Section 1115A of the Social Security Act (42 
U.S.C. 1315a) is repealed.
    (b) Conforming Amendments.--
            (1) 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.''.
            (2) Title xix of ssa.--Section 1902(a) of the Social 
        Security Act (42 U.S.C. 1396a(a)) is amended--
                    (A) in paragraph (79), by adding ``and'' after the 
                semicolon at the end;
                    (B) in paragraph (80), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking paragraph (81).
            (3) PHSA.--Section 933 of the Public Health Service Act (42 
        U.S.C. 299b-33) is amended--
                    (A) by striking subsection (f); and
                    (B) by redesignating subsection (g) as subsection 
                (f).
            (4) PPACA.--The Patient Protection and Affordable Care Act 
        (Public Law 111-148) is amended--
                    (A) in section 2705 (42 U.S.C. 1315a note)--
                            (i) in subsection (a), by striking ``shall, 
                        in coordination'' and that follows through 
                        ``establish'' and inserting ``shall 
                        establish''; and
                            (ii) 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
                    (B) in section 10328(b) (42 U.S.C. 1395w-104 note), 
                by striking ``or to study'' and all that follows 
                through ``3021''.
    (c) 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.

    (a) Authority To Determine Benefits.--Section 2713(a) of the Public 
Health Service Act (42 U.S.C. 300gg-13(a)) is amended--
            (1) by striking paragraph (1);
            (2) in paragraph (3), by striking ``not described in 
        paragraph (1)''; and
            (3) by redesignating paragraphs (2) through (5) as 
        paragraphs (1) through (4), respectively.
    (b) 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.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of Health and Human Services--
            (1) 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
            (2) 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.
    (b) 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.
                                 <all>