Bill > S236

This bill, titled the Medicare Patient Empowerment Act, aims to allow Medicare beneficiaries and their doctors or other healthcare providers to freely enter into private contracts for Medicare fee-for-service items and services without penalty, while still enabling beneficiaries to use their Medicare benefits. Specifically, it amends Section 1802 of the Social Security Act to guarantee this freedom of choice and contracting, allowing Medicare beneficiaries to sign written agreements with physicians or practitioners for covered services. These contracts must clearly outline all terms, including payment amounts, and the beneficiary must be held harmless for any charges exceeding the contract amount. The contract must also inform the beneficiary that they are responsible for submitting claims to Medicare and any supplemental insurance, unless the contract specifies otherwise, and that certain Medicare payment limits or incentives will not apply to these private arrangements. Importantly, these contracts cannot be made during an emergency medical condition or urgent health care situation, and they do not apply to individuals eligible for Medicaid. Furthermore, the bill preempts any state laws that would limit the charges for physician and practitioner services covered by Medicare.