United States Code

42 U.S.C. § 1395a

Free choice by patient guaranteed

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Bills that would change it 87

S 4886 Medicare Cost Cap Act of 2026 Amends its part · introduced · 119th Congress
HR 9054 Earned Benefits Equality and Family Reunification Act Amends its part · introduced · 119th Congress
S 4583 Legalizing Premium Health Care Act of 2026 Amends · introduced · 119th Congress
HR 8923 At HOME Services Act Amends its part · introduced · 119th Congress
HR 8129 To amend title XVIII of the Social Security Act to establish a full risk ACO program. Amends its part · introduced · 119th Congress
HR 6145 EXPERTS Act of 2025 Amends its part · introduced · 119th Congress
S 3210 EXPERTS Act of 2025 Amends its part · introduced · 119th Congress
HR 1 An act to provide for reconciliation pursuant to title II of H. Con. Res. 14. Amends its part · enacted · 119th Congress
HR 4204 Medicare Patient Choice Act Amends 1395a(b) · introduced · 119th Congress
S 2032 Choose Medicare Act Amends its part · introduced · 119th Congress
HR 3911 Choose Medicare Act Amends its part · introduced · 119th Congress
S 1506 Medicare for All Act Amends its part · introduced · 119th Congress
HR 2590 Mental and Physical Health Care Comorbidities Act of 2025 Amends its part · introduced · 119th Congress
S 1264 Mental and Physical Health Care Comorbidities Act of 2025 Amends its part · introduced · 119th Congress
HR 2120 ROCR Value Based Program Act Amends its part · introduced · 119th Congress
S 1031 ROCR Value Based Program Act Amends its part · introduced · 119th Congress
HR 746 America First Act Amends its part · introduced · 119th Congress
S 62 America First Act Amends its part · introduced · 119th Congress
HR 3623 Educating Future Nurses Act Amends its part · introduced · 118th Congress
HR 7742 At HOME Services Act Amends its part · introduced · 118th Congress
HR 5663 ALS Better Care Act Amends its part 1395a(t) · introduced · 118th Congress
HR 5299 Earned Benefits Equality and Family Reunification Act Amends its part · introduced · 118th Congress
HR 8404 ROCR Value Based Program Act Radiation Oncology Case Rate Value Based Program Act of 2024 Amends its part · introduced · 118th Congress
HR 8207 Choose Medicare Act Amends its part · introduced · 118th Congress
HR 4366 Consolidated Appropriations Act, 2024 Amends 1395a(a)(nn)(2)(A) · enacted · 118th Congress
HRES 1061 Providing for the concurrence by the House in the Senate amendment to H.R. 4366, with an amendment. Amends 1395a(a)(nn)(2)(A) · introduced · 118th Congress
HR 4531 Support for Patients and Communities Reauthorization Act Amends 1395a(a)(nn)(2)(A) · introduced · 118th Congress
S 3450 Mental and Physical Health Care Comorbidities Act of 2023 Amends its part · introduced · 118th Congress
S 3403 Medicare Patient Empowerment Act of 2023 Amends · introduced · 118th Congress
S 1869 SITE Act Amends its part · introduced · 118th Congress
S 1655 Medicare for All Act Amends its part · introduced · 118th Congress
S 1586 Educating Future Nurses Act Amends its part · introduced · 118th Congress
S 1450 Cutting Medicare Prescription Drug Prices in Half Act Amends its part · introduced · 118th Congress
HR 1507 Stop Corporate Capture Act Amends its part · introduced · 118th Congress
HR 2617 Consolidated Appropriations Act, 2023 Amends its part · enacted · 117th Congress
S 5315 Anti-Corruption and Public Integrity Act Amends its part · introduced · 117th Congress
HR 9623 Anti-Corruption and Public Integrity Act Amends its part · introduced · 117th Congress
HR 8454 Medical Marijuana and Cannabidiol Research Expansion Act Amends its part · enacted · 117th Congress
HR 9390 Stop Corporate Capture Act Amends its part · introduced · 117th Congress
HR 9328 Mental and Physical Health Care Comorbidities Act of 2022 Amends its part · introduced · 117th Congress
S 8 Mental and Physical Health Care Comorbidities Act of 2022 Amends its part · introduced · 117th Congress
HR 6107 Stop Corporate Capture Act Amends its part · introduced · 117th Congress
HR 8701 Chiropractic Act of 2022 Amends 1395a(b)(6)(B) · introduced · 117th Congress
HR 7585 Health Equity and Accountability Act of 2022 Amends its part 1395a(a)(1) · introduced · 117th Congress
S 4486 Health Equity and Accountability Act of 2022 Amends its part 1395a(a)(1) · introduced · 117th Congress
S 4204 Medicare for All Act of 2022 Amends its part · introduced · 117th Congress
S 253 Cannabidiol and Marihuana Research Expansion Act Amends its part · introduced · 117th Congress
S 3615 Cutting Medicare Prescription Drug Prices in Half Act Amends its part · introduced · 117th Congress
HR 5370 Medically Tailored Home-Delivered Meals Demonstration Pilot Act of 2021 Amends its part · introduced · 117th Congress
HR 5165 Improving Medicare Coverage Act Amends its part · introduced · 117th Congress

Showing the 50 most recently active.

The law today

From the official United States Code, current through Public Law 119-121.

(a) Basic freedom of choice Any individual entitled to insurance benefits under this subchapter may obtain health services from any institution, agency, or person qualified to participate under this subchapter if such institution, agency, or person undertakes to provide him such services. (b) Use of private contracts by medicare beneficiaries (1) In general Subject to the provisions of this subsection, nothing in this subchapter shall prohibit a physician or practitioner from entering into a private contract with a medicare beneficiary for any item or service— (A) for which no claim for payment is to be submitted under this subchapter, and (B) for which the physician or practitioner receives— (i) no reimbursement under this subchapter directly or on a capitated basis, and (ii) receives no amount for such item or service from an organization which receives reimbursement for such item or service under this subchapter directly or on a capitated basis. (2) Beneficiary protections (A) In general Paragraph (1) shall not apply to any contract unless— (i) the contract is in writing and is signed by the medicare beneficiary before any item or service is provided pursuant to the contract; (ii) the contract contains the items described in subparagraph (B); and (iii) the contract is not entered into at a time when the medicare beneficiary is facing an emergency or urgent health care situation. (B) Items required to be included in contract Any contract to provide items and services to which paragraph (1) applies shall clearly indicate to the medicare beneficiary that by signing such contract the beneficiary— (i) agrees not to submit a claim (or to request that the physician or practitioner submit a claim) under this subchapter for such items or services even if such items or services are otherwise covered by this subchapter; (ii) agrees to be responsible, whether through insurance or otherwise, for payment of such items or services and understands that no reimbursement will be provided under this subchapter for such items or services; (iii) acknowledges that no limits under this subchapter (including the limits under section 1395w–4(g) of this title) apply to amounts that may be charged for such items or services; (iv) acknowledges that Medigap plans under section 1395ss of this title do not, and other supplemental insurance plans may elect not to, make payments for such items and services because payment is not made under this subchapter; and (v) acknowledges that the medicare beneficiary has the right to have such items or services provided by other physicians or practitioners for whom payment would be made under this subchapter. Such contract shall also clearly indicate whether the physician or practitioner is excluded from participation under the medicare program under section 1320a–7 of this title. (3) Physician or practitioner requirements (A) In general Paragraph (1) shall not apply to any contract entered into by a physician or practitioner unless an affidavit described in subparagraph (B) is in effect during the period any item or service is to be provided pursuant to the contract. (B) Affidavit An affidavit is described in this subparagraph if— (i) the affidavit identifies the physician or practitioner and is in writing and is signed by the physician or practitioner; (ii) the affidavit provides that the physician or practitioner will not submit any claim under this subchapter for any item or service provided to any medicare beneficiary (and will not receive any reimbursement or amount described in paragraph (1)(B) for any such item or service) during the applicable 2-year period (as defined in subparagraph (D)); and (iii) a copy of the affidavit is filed with the Secretary no later than 10 days after the first contract to which such affidavit applies is entered into. (C) Enforcement If a physician or practitioner signing an affidavit under subparagraph (B) knowingly and willfully submits a claim under this subchapter for any item or service provided during the applicable 2-year period (or receives any reimbursement or amount described in paragraph (1)(B) for any such item or service) with respect to such affidavit— (i) this subsection shall not apply with respect to any items and services provided by the physician or practitioner pursuant to any contract on and after the date of such submission and before the end of such period; and (ii) no payment shall be made under this subchapter for any item or service furnished by the physician or practitioner during the period described in clause (i) (and no reimbursement or payment of any amount described in paragraph (1)(B) shall be made for any such item or service). (D) Applicable 2-year periods for effectiveness of affidavits In this subsection, the term “applicable 2-year period” means, with respect to an affidavit of a physician or practitioner under subparagraph (B), the 2-year period beginning on the date the affidavit is signed and includes each subsequent 2-year period unless the physician or practitioner involved provides notice to the Secretary (in a form and manner specified by the Secretary), not later than 30 days before the end of the previous 2-year period, that the physician or practitioner does not want to extend the application of the affidavit for such subsequent 2-year period. (4) Limitation on actual charge and claim submission requirement not applicable Section 1395w–4(g) of this title shall not apply with respect to any item or service provided to a medicare beneficiary under a contract described in paragraph (1). (5) Posting of information on opt-out physicians and practitioners (A) In general Beginning not later than February 1, 2016, the Secretary shall make publicly available through an appropriate publicly accessible website of the Department of Health and Human Services information on the number and characteristics of opt-out physicians and practitioners and shall update such information on such website not less often than annually. (B) Information to be included The information to be made available under subparagraph (A) shall include at least the following with respect to opt-out physicians and practitioners: (i) Their number. (ii) Their physician or professional specialty or other designation. (iii) Their geographic distribution. (iv) The timing of their becoming opt-out physicians and practitioners, relative, to the extent feasible, to when they first enrolled in the program under this subchapter and with respect to applicable 2-year periods. (v) The proportion of such physicians and practitioners who billed for emergency or urgent care services. (6) Definitions In this subsection: (A) Medicare beneficiary The term “medicare beneficiary” means an individual who is entitled to benefits under part A or enrolled under part B. (B) Physician The term “physician” has the meaning given such term by paragraphs (1), (2), (3), and (4) of section 1395x(r) of this title. (C) Practitioner The term “practitioner” has the meaning given such term by section 1395u(b)(18)(C) of this title. (D) Opt-out physician or practitioner The term “opt-out physician or practitioner” means a physician or practitioner who has in effect an affidavit under paragraph (3)(B).

Official text at uscode.house.gov ↗