H.R. 3864

119 HR 3864 IH: Protecting Health Care for All Patients Act of 2025
 U.S. House of Representatives
 2025-06-10
 text/xml
 EN
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 I  119th CONGRESS  1st Session  H. R. 3864  IN THE HOUSE OF REPRESENTATIVES   June 10, 2025   Mrs. Cammack  (for herself and  Mr. Hern of Oklahoma ) 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.
1.
Short title
This Act may be cited as the   Protecting Health Care for All Patients Act of 2025  .
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 inserting  or treats extending the life of an elderly, disabled, or terminally ill individual as of lower value than extending the life of an individual who is younger, non-disabled, or not terminally ill  after  because of an individual’s disability ;
(2)
by inserting  described in the preceding sentence  after  such a similar measure ;
(3)
by striking  The Secretary shall not  and inserting  A Federal agency (including the CMI (as described in section 1115A)) or State may not ;
(4)
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). ; and
(5)
by adding at the end the following new sentence:  Notwithstanding any other provision of law, a Federal agency (including the CMI) or State may not waive the application of the provisions of this subsection (or the provisions of section 1852(o), section 1860D–12(h), section 1902(a)(88), section 1932(b)(9), or section 2102(e)) under section 1115, section 1115A, or any other demonstration or waiver authority. .
(b)
Conforming amendments
(1)
Medicaid
(A)
In general
Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended—
(i)
in paragraph (86), by striking  and  at the end;
(ii)
in paragraph (87)(D), by striking the period and inserting  ; and ; and
(iii)
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).
 .
(B)
Managed care organizations
Section 1932(b) of the Social Security Act ( 42 U.S.C. 1396u–2(b) ) is amended by adding at the end the following new paragraph:
(9)
Prohibition on use of quality-adjusted life years
The provisions of section 1182(e) shall apply to the utilization of a dollars-per-quality adjusted life year or similar measure (as described in such section) by a medicaid managed care organization under this title (or a prepaid inpatient health plan or prepaid ambulatory health plan, as defined in section 438.2 of title 42, Code of Federal Regulations (or any successor regulation), under a contract with the State) in the same manner as such provisions apply to the utilization of such a year or measure by a State under this title.
 .
(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:
(e)
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).
 .
(3)
Medicare Advantage
Section 1852 of the Social Security Act ( 42 U.S.C. 1395w–22 ) is amended by adding at the end the following new subsection:
(o)
Prohibition on use of quality-Adjusted life years
The provisions of section 1182(e) shall apply to the utilization of a dollars-per-quality adjusted life year or similar measure (as described in such section) by an MA plan in the same manner as such provisions apply to the utilization of such a year or measure by the Secretary under this title.
 .
(4)
Medicare part D
Section 1860D–12 of the Social Security Act ( 42 U.S.C. 1395w–112 ) is amended by adding at the end the following new subsection:
(h)
Prohibition on use of quality-Adjusted life years
The provisions of section 1182(e) shall apply to the utilization of a dollars-per-quality adjusted life year or similar measure (as described in such section) by a prescription drug plan in the same manner as such provisions apply to the utilization of such a year or measure by the Secretary under this title.
 .
(c)
Implementation
The amendments made by this section shall apply beginning on January 1, 2027.
3.
Prevention and Public Health Fund
Section 4002(b) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 300u–11 ) is amended by striking paragraphs (7), (8), and (9) and inserting the following:
(7)
for each of fiscal years 2026 and 2027, $1,102,000,000;
(8)
for each of fiscal years 2028 and 2029, $1,327,000,000;
(9)
for each of fiscal years 2030 and 2031, $1,526,000,000; and
 .
4.
Report
Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit to Congress a report on how quality-adjusted life years negatively impacts individuals with intellectual and developmental disabilities and their access to care.