Overview
Title
An Act 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.
ELI5 AI
The bill wants to make sure the government doesn't use a certain way of deciding who gets what healthcare, which might not be fair to older or sick people, and it plans to spend a lot of money on health without saying how exactly it will use that money.
Summary AI
H.R. 485, known as the "Protecting Health Care for All Patients Act of 2023," aims to amend the Social Security Act to prevent the use of quality-adjusted life years (QALYs) and similar metrics in determining healthcare coverage and payment under federal programs. This bill prohibits federal agencies and states from using measures that may lower the perceived value of life for elderly, disabled, or terminally ill individuals in making healthcare decisions. It includes changes to Medicaid, CHIP, and Medicare regulations to ensure these prohibitions are applied consistently across various health programs. The act will start taking effect on January 1, 2025, and also includes a requirement for an annual report on the impact of QALYs on individuals with intellectual and developmental disabilities.
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AnalysisAI
Summary of the Bill
The proposed legislation, titled the "Protecting Health Care for All Patients Act of 2023," aims to alter how federal health care programs evaluate coverage and payment decisions. It specifically focuses on prohibiting the use of "quality-adjusted life years" (QALYs) and similar measures. QALYs are used to assess the value of medical interventions by measuring both the quantity and quality of life they provide. This bill intends to prevent these metrics from influencing the care offered to individuals, particularly concerning how they impact decisions under programs like Medicaid, Medicare Advantage, and the Children’s Health Insurance Program (CHIP). Additionally, the bill stipulates updated funding allocations for the Prevention and Public Health Fund over the coming fiscal years. Finally, it mandates a yearly report on the impact of QALYs on individuals with intellectual and developmental disabilities.
Significant Issues
Several substantial concerns arise from the provisions of this bill.
Firstly, by banning QALYs, the bill does not offer clear alternatives for how coverage decisions should be evaluated. This lack of guidance could create significant challenges for how federal programs make informed decisions on patient care and reimbursements.
Secondly, the bill does not define the phrase "similar measures," potentially leading to confusion and inconsistent application across different federal health care programs.
In addition, the updated funding allocations for the Prevention and Public Health Fund are not accompanied by detailed descriptions of how these funds should be utilized, raising concerns about potential wasteful spending.
Lastly, the annual reporting requirement might become burdensome without evidence that these reports are leading to meaningful improvements or actions.
Broad Public Impact
This bill could lead to considerable changes in how health care decisions are made in the United States, especially for individuals covered by federal health care programs. The prohibition of QALYs and related measures could lead to a more uniform approach to valuing human life rather than relying on statistical models; however, it might also complicate how resources are allocated effectively among different patient groups.
For the general public, particularly those relying on Medicaid, CHIP, or Medicare, the shift away from QALYs could protect vulnerable individuals from being deemed less worthy of treatment due to age, disability, or terminal illness. On the flip side, it could also result in inefficiencies or higher costs if alternative metrics are not identified or employed effectively.
Impact on Stakeholders
For patients, particularly those with disabilities or chronic illnesses, the legislation could result in more equitable treatment when their quality of life is not calculated against their medical costs. However, health care providers and program administrators might face challenges in adapting to new ways of assessing care value without structured metrics like QALYs.
The measure regarding annual funding allocations could affect various public health initiatives without clear directives on their spending. If funds are misallocated, public health outcomes might not improve as intended. Yet, if managed well, these funds could bolster preventive health care infrastructure.
For policymakers and administrators, the yearly reporting requirement on the impacts of QALYs offers a direct assessment tool, albeit potentially narrow in focus. The bill's broader implications may need continuing oversight to ensure its goals align with improving health outcomes for all Americans.
Financial Assessment
The "Protecting Health Care for All Patients Act of 2023" includes several financial references that are important to understand, especially in the context of the issues it raises. Here, the financial implications and challenges associated with the bill are discussed.
Financial Allocations in the Bill
Prevention and Public Health Fund
The bill proposes amendments to the Prevention and Public Health Fund under Section 4002(b) of the Patient Protection and Affordable Care Act. It specifies funding amounts for the fiscal years through 2029:
- $1,102,000,000 for each of fiscal years 2024 and 2025.
- $1,327,000,000 for each of fiscal years 2026 and 2027.
- $1,526,000,000 for each of fiscal years 2028 and 2029.
These allocations reflect increasing commitments to the fund over time, signaling an effort to bolster public health initiatives. However, the bill does not delve into specifics regarding the utilization of these funds, leading to a potential risk of misallocation or inefficient spending. The lack of specified oversight or accountability measures further exacerbates this risk, as it remains unclear how these substantial sums will be managed or assessed in terms of efficacy.
Issues Related to Financial References
Lack of Clarity and Oversight
The issues highlighted in the bill stem significantly from a lack of clear alternative measures to QALYs and similar metrics, which could influence how funds are allocated under different healthcare programs. As the bill removes certain metrics from coverage and payment determinations in programs like Medicaid, CHIP, Medicare Advantage, and Medicare Part D without providing replacements, there is an implicit financial challenge. The absence of centralized oversight could lead to inconsistent application across federal health care programs, potentially causing confusion and affecting the equitable distribution of funds.
Ambiguity and Potential Misuse
The ambiguous definition of "similar measures" to QALYs could lead to inconsistent interpretations, affecting how funds are allocated in practical scenarios. This ambiguity may result in varied implementation guidelines, complicating the efficient distribution of resources. Furthermore, the Prevention and Public Health Fund's allocations are outlined without specific directives, increasing the likelihood of wasteful or misdirected spending in the absence of controlled oversight mechanisms.
Administrative Burden and Efficiency
The mandated annual reporting on the impact of QALYs, primarily focused on individuals with intellectual and developmental disabilities, does not address broader potential impacts. While these reports aim to provide insights, they could impose ongoing administrative burdens, diverting resources that might otherwise be deployed directly within the healthcare system. This reporting requirement could lead to inefficiencies if the necessity or impact of such reports is not continually evaluated.
In summary, the financial references in the bill emphasize considerable allocations for public health but lack essential clarity and oversight mechanisms that could guide the effective and efficient use of these funds. The potential for ambiguity and administrative burden poses challenges to the pragmatic realization of the bill's objectives.
Issues
The bill prohibits the use of quality-adjusted life years (QALYs) and similar measures across several Federal health programs such as Medicaid, CHIP, Medicare Advantage, and Medicare Part D without providing clear alternative measures, leading to potential challenges in how coverage and payment decisions will be assessed (Section 2).
The prohibition of QALYs could lead to inconsistency across different Federal health care programs since the bill imposes this prohibition without centralized oversight, thereby risking confusion in implementation (Section 2).
The definition of 'similar measures' to quality-adjusted life years is not clearly specified, creating potential ambiguity in the law's interpretation and implementation (Section 2).
The Prevention and Public Health Fund section amends funding amounts for several fiscal years but lacks specifics on how these funds will be utilized, increasing the risk of misallocation or wasteful spending (Section 3).
There is a lack of specified oversight or accountability measures for the allocation and usage of funds outlined in the Prevention and Public Health Fund, potentially affecting the efficiency and effectiveness of fund deployment (Section 3).
The report mandated by the bill focuses narrowly on the impact of quality-adjusted life years on individuals with intellectual and developmental disabilities, missing broader implications and possibly positive effects (Section 4).
Ongoing annual reporting requirements could impose administrative burdens without a clear evaluation of the necessity or impact over time, possibly leading to inefficiencies (Section 4).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill states that its official title is the "Protecting Health Care for All Patients Act of 2023."
2. Prohibiting the use of quality-adjusted life years and similar measures in coverage and payment determinations under Federal health care programs Read Opens in new tab
Summary AI
The text prohibits the use of quality-adjusted life years and similar measures to determine coverage and payments in federal health care programs, which means these measures cannot be used to decide how much to pay for medical care based on the value of someone's life. Changes have been made to several sections of the Social Security Act to ensure compliance with this prohibition across Medicaid, CHIP, Medicare Advantage, and Medicare Part D starting January 1, 2025.
Money References
- — (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.”
3. Prevention and Public Health Fund Read Opens in new tab
Summary AI
The section of the bill updates the amounts allocated to the Prevention and Public Health Fund for certain fiscal years, with $1.102 billion scheduled for 2024 and 2025, $1.327 billion for 2026 and 2027, and $1.526 billion for 2028 and 2029.
Money References
- SEC. 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 2024 and 2025, $1,102,000,000; “(8) for each of fiscal years 2026 and 2027, $1,327,000,000; “(9) for each of fiscal years 2028 and 2029, $1,526,000,000; and”. ---
4. Report Read Opens in new tab
Summary AI
The Comptroller General is required to provide a yearly report to Congress, starting one year after the law is passed, about how "quality-adjusted life years" may harm people with intellectual and developmental disabilities and affect their ability to access healthcare.