Chair Rodgers: Admin Rule Positive Step, but We Must Still Pass Bill to Ban QALYs

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) issued the following statement regarding a recent rule announced by the Department of Health and Human Services (HHS) aimed at preventing federally funded programs from denying care based on discriminatory metrics: 

“The Biden administration’s rule—which is a small step in the right direction—is also a tacit admission that individuals are still being denied care simply because they have a disability or chronic condition, further demonstrating the need for the Protecting Health Care for All Patients Act. I'm working to evaluate how the rule changes the costs associated with my legislation, possibly eliminating the need for the pay-for, which had been the administration’s stated objection to the bill.” 

BACKGROUND: 

On May 1st, the Biden administration finalized new regulations that further clarify Section 504 of the Rehabilitation Act of 1973’s prohibitions of discrimination on the basis of disability. 

Among the regulations was greater clarification that the usage of value assessments that discriminate against those with disabilities, like Quality-Adjusted Life Years (QALYs), violates federal law.  

The new regulations fall short of the Protecting Health Care for All Patients Act, because they do not also clarify that it would violate the law to treat extending the life of a senior citizen or individual with a disability or chronic illness as a lower value than another person.  

They also do not explicitly apply the prohibition to other federal payers that are not Medicare and Medicaid, which requires Congress to act.