42 U.S.C. § 1395 — Prohibition against any Federal inter-

Page 2893 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1395a (i) shared savings and competitive bidding in FFS Medicare; (ii) use of MA-negotiated rates to set FFS Medicare rates; and (iii) novel approaches to information development and sharing that may enable markets to lower cost and improve quality for FFS Medicare beneficiaries. SEC. 10. Reducing Obstacles to Improved Patient Care. Within 1 year of the date of this order, the Secretary shall propose regulatory changes to the Medicare pro- gram to reduce the burden on providers and eliminate regulations that create inefficiencies or otherwise un- dermine patient outcomes. SEC. 11. Maximizing Freedom for Medicare Patients and Providers. (a) Within 180 days of the date of this order, the Secretary, in coordination with the Commissioner of Social Security, shall revise current rules or policies to preserve the Social Security retirement insurance benefits of seniors who choose not to receive benefits under Medicare Part A, and propose other administra- tive improvements to Medicare enrollment processes for beneficiaries. (b) Within 1 year of the date of this order, the Sec- retary shall identify and remove unnecessary barriers to private contracts that allow Medicare beneficiaries to obtain the care of their choice and facilitate the de- velopment of market-driven prices. SEC. 12. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. § 1395. Prohibition against any Federal inter- ference Nothing in this subchapter shall be construed to authorize any Federal officer or employee to exercise any supervision or control over the practice of medicine or the manner in which medical services are provided, or over the selec- tion, tenure, or compensation of any officer or employee of any institution, agency, or person providing health services; or to exercise any su- pervision or control over the administration or operation of any such institution, agency, or person. (Aug. 14, 1935, ch. 531, title XVIII, § 1801, as added Pub. L. 89–97, title I, § 102(a), July 30, 1965, 79 Stat. 291.) Statutory Notes and Related Subsidiaries SHORT TITLE For short title of title I of Pub. L. 89–97, which en- acted this subchapter as the ‘‘Health Insurance for the Aged Act’’, see section 100 of Pub. L. 89–97, set out as a Short Title of 1965 Amendment note under section 1305 of this title. PROTECTING AND IMPROVING GUARANTEED MEDICARE BENEFITS Pub. L. 111–148, title III, § 3601, Mar. 23, 2010, 124 Stat. 538, provided that: ‘‘(a) PROTECTING GUARANTEED MEDICARE BENEFITS.— Nothing in the provisions of, or amendments made by, this Act [see Short Title note set out under section 18001 of this title] shall result in a reduction of guaran- teed benefits under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.]. ‘‘(b) ENSURING THAT MEDICARE SAVINGS BENEFIT THE MEDICARE PROGRAM AND MEDICARE BENEFICIARIES.— Savings generated for the Medicare program under title XVIII of the Social Security Act under the provisions of, and amendments made by, this Act shall extend the solvency of the Medicare trust funds, reduce Medicare premiums and other cost-sharing for beneficiaries, and improve or expand guaranteed Medicare benefits and protect access to Medicare providers.’’ § 1395a. Free choice by patient guaranteed (a) Basic freedom of choice Any individual entitled to insurance benefits under this subchapter may obtain health serv- ices 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 bene- ficiaries (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 sub- chapter directly or on a capitated basis, and (ii) receives no amount for such item or service from an organization which re- ceives 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 con- tract 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 de- scribed in subparagraph (B); and (iii) the contract is not entered into at a time when the medicare beneficiary is fac- ing 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 re- quest 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 pay-