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
H.R. 485 is a plan that says the government should not use a special kind of number, called quality-adjusted life years, to decide how to spend money on health care for things like Medicare and Medicaid, because it might be unfair to some people, like older or sick folks. It also promises money to help keep people healthy in the future.
Summary AI
H.R. 485 aims to change the Social Security Act to prevent the use of quality-adjusted life years (QALYs) and similar metrics in federal health care programs when making decisions about what to cover and how much to pay. The bill takes a stance against tools that could lower the perceived value of extending the lives of elderly, disabled, or terminally ill individuals compared to healthier or younger people. It ensures these restrictions apply to Medicaid, the Children’s Health Insurance Program (CHIP), Medicare Advantage, and Medicare Part D. Additionally, the act mandates annual reports to Congress on how QALYs affect people with intellectual and developmental disabilities, and it revises funding allocations for the Prevention and Public Health Fund for upcoming fiscal years.
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AnalysisAI
General Summary of the Bill
The proposed legislation, formally titled the "Protecting Health Care for All Patients Act of 2023," aims to amend the Social Security Act. It specifically targets and prohibits the use of quality-adjusted life years (QALYs) and similar measures in determining health care coverage and payments in federal health care programs. This applies to programs like Medicaid, the Children’s Health Insurance Program (CHIP), Medicare Advantage, and Medicare Part D. Additionally, the bill makes changes to the Prevention and Public Health Fund and requires the Comptroller General to report annually on how QALYs may negatively impact individuals with intellectual and developmental disabilities.
Summary of Significant Issues
One of the core issues with this bill is the prohibition of QALYs and similar measures without offering alternative methods for evaluating healthcare coverage and payment decisions. This creates potential challenges for implementation and consistency across the different federal healthcare programs. The bill also impacts a broad range of health care programs without clear guidance on how they should operate under the new restrictions, which could complicate medical decision-making processes. The update to the Prevention and Public Health Fund allocates substantial financial resources for future fiscal years but lacks specific directives on how these funds should be used, raising concerns about possible mismanagement or inefficient spending. Additionally, the requirement for annual reporting on the impact of QALYs on specific groups highlights a narrow focus that might not lead to broader healthcare improvements.
Impact on the Public
Broadly, the bill could lead to significant changes in how healthcare resources are allocated in the United States. By prohibiting the use of QALYs, which are currently utilized to evaluate the cost-effectiveness of treatments, the bill might attempt to ensure that coverage determinations are not biased against elderly, disabled, or terminally ill individuals. However, without clear alternative measures, there is a risk of creating inconsistency and confusion in how healthcare resources are allocated and administered across various federal programs. This change could potentially affect patients' access to certain medical treatments and the financial viability of health care providers.
Impact on Specific Stakeholders
Positive Impacts:
For specific stakeholders such as elderly, disabled, or terminally ill individuals, the bill could be viewed positively as it seeks to equalize the perceived value of their lives in coverage and payment decisions, which may improve access to care for these groups. The bill's emphasis on preventing potential discrimination based on health status might be seen as a step toward more inclusive healthcare policies.
Negative Impacts:
On the other hand, healthcare providers and administrators might face challenges due to the lack of guidance on alternative evaluation metrics, leading to potential operational and financial uncertainties. Medical professionals may find it difficult to make informed decisions about the allocation of resources in the absence of established methods like QALYs. Payers and insurers might struggle to maintain budgetary and operational efficiency under the constraints of the proposed prohibitions. Furthermore, the financial allocations to the Prevention and Public Health Fund, while substantial, could lead to inefficiencies without clear, targeted directives for their use. Finally, the narrow focus of the annual report requirement may not address more comprehensive health policy improvement needs.
In summary, while the intention of the bill appears to promote equitable healthcare access, its practical implementation could lead to significant challenges for various healthcare stakeholders due to a lack of clarity and comprehensive alternative strategies.
Financial Assessment
The proposed legislation, H.R. 485, includes several financial references and appropriations that merit further examination, particularly concerning the Prevention and Public Health Fund and the broader implications of prohibiting certain measures in federal healthcare programs.
Spending, Appropriations, and Financial Allocations
In Section 3, the bill addresses the Prevention and Public Health Fund, setting specific financial appropriations for upcoming fiscal years. The allocated amounts include $1,102,000,000 for each of fiscal years 2024 and 2025, $1,327,000,000 for each of fiscal years 2026 and 2027, and $1,526,000,000 for each of fiscal years 2028 and 2029. These appropriations signify a structured financial commitment to public health initiatives over the next few years, demonstrating an overarching intent to invest substantial resources into prevention and public health.
Relation to Identified Issues
One of the primary issues identified is that the amendment lacks specificity on how these allocated funds will be utilized within the Prevention and Public Health Fund. This absence of detailed allocation could raise concerns about effective management and utilization of resources, potentially leading to wasteful spending or fund mismanagement. Without clearer guidelines or designated purposes, stakeholders may question the fiscal efficiency and the potential impact of these appropriations on public health outcomes.
Additionally, the bill's financial implications are deeply intertwined with the prohibition of using quality-adjusted life years (QALYs) and similar measures, as outlined in Section 2. This prohibition could alter how resources, including these financial allocations, are distributed across Medicaid, CHIP, Medicare Advantage, and Medicare Part D. As healthcare programs may need to adjust their evaluation metrics and funding strategies, the financial landscape within these programs could be affected, potentially complicating resource allocation decisions.
Furthermore, the requirement for an annual report on the impact of QALYs on individuals with intellectual and developmental disabilities, as mentioned in Section 4, introduces an additional layer of fiscal consideration. While the report mandate itself does not specify a direct financial appropriation, the implementation and ongoing analysis may require funding and resources. The narrowly focused nature of the report might not yield comprehensive recommendations, thus questioning the cost-effectiveness and potential influence on policy reforms.
Overall, while H.R. 485 establishes significant financial commitments towards public health, the lack of detailed spending allocations and the challenging transition away from certain valuation measures pose potential challenges in achieving fiscal and healthcare policy objectives.
Issues
The prohibition of quality-adjusted life years (QALYs) and similar measures in determining health care coverage and payments is a significant issue. This could impact how resources are allocated across Medicaid, CHIP, Medicare Advantage, and Medicare Part D, potentially leading to inconsistent implementation and interpretation due to the lack of clarity on what 'similar measures' entail (Section 2).
The amendment to the Social Security Act impacts a broad range of healthcare programs, indicating major policy shifts without providing alternative methods for evaluating patient value or care quality. This is controversial as it could complicate decision-making in healthcare settings and raise questions about equitable access to care (Section 2).
Section 3 on the Prevention and Public Health Fund does not specify how the newly allocated funds will be used for fiscal years 2024-2029. This lack of detailed allocation raises concerns about potential wasteful spending or misuse of funds, which is a significant financial oversight issue.
The requirement for an annual report on the impact of QALYs on individuals with intellectual and developmental disabilities may be seen as too narrowly focused. Without exploring broader implications or actionable recommendations, these reports might not lead to substantial policy changes or improvements (Section 4).
The use of complex legal and technical language across the bill, especially concerning QALYs and similar measures, may alienate or confuse those not well-versed in healthcare legislation, making it difficult for stakeholders to understand the full implications of the bill (Section 2).
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.