[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7634 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 7634

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2022

 Mrs. Rodgers of Washington (for herself, Mr. Banks, Mr. Wenstrup, and 
 Mr. Burgess) introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   Ways and Means, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  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.

    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 ``Protecting Health Care for All 
Patients Act of 2022''.

SEC. 2. PROHIBITING THE USE OF QUALITY-ADJUSTED LIFE YEARS AND SIMILAR 
              MEASURES IN COVERAGE AND PAYMENT DETERMINATIONS UNDER 
              FEDERAL HEALTH CARE PROGRAMS.

    (a) In General.--Section 1182(e) of the Social Security Act (42 
U.S.C. 1320e-1(e)) is amended--
            (1) by striking ``The Secretary shall not'' and inserting 
        ``A Federal agency or State may not'';
            (2) by inserting ``, including by using a price developed 
        by any entity or government that is based on such an adjusted 
        life year (or such a similar measure) or using averages or 
        other pricing metrics that directly or indirectly take into 
        account such prices,'' after ``(or such a similar measure)''; 
        and
            (3) 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).''.
    (b) Conforming Amendments.--
            (1) Medicaid.--Section 1902(a) of the Social Security Act 
        (42 U.S.C. 1396a(a)) is amended--
                    (A) in paragraph (86), by striking ``and'' at the 
                end;
                    (B) in paragraph (87)(D), by striking the period 
                and inserting ``; and''; and
                    (C) 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).''.
            (2) CHIP.--Section 2102 of the Social Security Act (42 
        U.S.C. 1397bb) is amended by adding at the end the following 
        new subsection:
    ``(d) 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).''.
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