2012/02/18

Medical Care Reform Act




113th Congress
1st Session
S. ____
To amend or repeal certain unconstitutional legislation concerning health care.


IN THE UNITED STATES SENATE
January 25, 2013
Mr. ROLAND of Texas introduced the following bill; which was referred to the Commerce Committee.

A BILL
To amend or repeal certain unconstitutional legislation concerning health care.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the 'Medical Care Reform Act of 2013'.

SEC. 2. FINDINGS AND AUTHORITY.

1. The Congress finds that funding and providing medical care as a transfer of wealth from one group to another is unconstitutional, a violation of U.S. Const. Article I Section 8 Clause 1 that requires public expenditures be only for the general welfare and not for the benefit of one group at the expense of another; however,
2. The Congress also finds it is not unconstitutional to fund research, development, and testing of new medical methods of general benefit to all, or to fund and provide medical care for persons injured by government or preparatory for or in the course of government service or militia, or to prevent the spread of contagious disease, or to make use of capacity created for that purpose that would otherwise be wasted.
3. The authority for this act is the United States Constitution, Article I, Section 1.

SEC. 3. ENACTMENT AND REPEALS.

1. The following acts and amendments thereto are hereby repealed or amended as provided in (2) of this section:
  • PL 86-778 Social Security Amendments of 1960 (Kerr-Mills aid)
  • PL 89-97 Social Security Act of 1965
  • Medicare Secondary Payer Act of 1980
  • PL 100-360 Medicare Catastrophic Coverage Act of 1988
  • PL 105-33 Balanced Budget Act of 1997
  • PL 108-173 Medicare Prescription Drug, Improvement, and Modernization Act
  • Patient Protection and Affordable Care Act and Health Care and Education Reconciliation Act of 2010
2. With the exception specified in (3) of this section, the above acts are amended as follows:
a. The sole ultimate purpose of funds expended pursuant to this act shall be research, development, and testing of new medical methods which lead to being able to provide a long life of youthful good health to all at a cost almost anyone can afford. To that end,
b. Medical treatment shall be provided only as an incident to research and testing studies, and not to those whose treatment does not serve a research and development objective.
c. Expenditures under this section (2) shall  not exceed tax receipts dedicated to them, and under no circumstances shall it be paid by borrowing or by donations from any financial institution.
3. Existing programs to fund and provide medical care for persons injured by government or preparatory for or in the course of government service or militia, or to prevent the spread of contagious disease, or to make use of capacity created for that purpose that would otherwise be wasted, are not to be affected by this act.

SEC. 4. TRANSITIONAL.

1. Current obligations for services performed as of the date of enactment of this bill shall be paid.
2. Conversion from a treatment system to a research system shall be phased in, after four months at the rate of five percent per month for twenty months, to be completed by the end of the second year.
END.
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