What does Preamble of Legalizing Premium Health Care Act of 2026 do?

This bill, formally titled 'To amend title XVIII of the Social Security Act to establish a Medicare payment option for patients and eligible professionals to freely contract, without penalty, for Medicare fee-for-service items and services, while allowing Medicare beneficiaries to use their Medicare benefits,' aims to modify Medicare payment processes. The bill proposes establishing a Medicare payment option that would allow patients and eligible professionals to contract freely for Medicare fee-for-service items and services. This option would permit Medicare beneficiaries to continue utilizing their Medicare benefits.

What does SHORT TITLE. of Legalizing Premium Health Care Act of 2026 do?

This bill is formally titled the Legalizing Premium Health Care Act of 2026.

What does GUARANTEEING FREEDOM OF CHOICE AND CONTRACTING FOR PATIENTS of Legalizing Premium Health Care Act of 2026 do?

This section amends Section 1802 of the Social Security Act to guarantee freedom of choice and contracting for Medicare beneficiaries. It allows Medicare beneficiaries to enter into contracts with eligible professionals for covered items and services, regardless of whether the professional is a participating or non-participating physician. Contracts must be in writing, signed by both parties, and establish payment terms before services are provided. The contracts must include specific disclosures regarding beneficiary responsibility for payment, claim submission, and the non-applicability of certain payment limits. The provision does not apply to contracts entered into when a beneficiary is facing an emergency or urgent health care situation, or to individuals eligible for medical assistance under Title XIX. Eligible professionals can choose to file claims on behalf of beneficiaries and accept payment assignments under the contract.

What does PREEMPTION OF STATE LAWS LIMITING CHARGES FOR SERVICES BY AN of Legalizing Premium Health Care Act of 2026 do?

This section preempts state laws that limit charges for services provided by an eligible professional. The definition of 'eligible professional' refers to subsection (k)(3)(B) of section 1848 of the Social Security Act. The preemption applies to charges for which payment is made under section 1848 of the Social Security Act. The term 'State' includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa.

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Legalizing Premium Health Care Act of 2026

Last updated: 5/20/2026 · Introduced: 5/20/2026

Author: Rand Paul (R-KY)

TL;DR (AI)

This bill establishes a Medicare payment option allowing beneficiaries and eligible professionals to freely contract for Medicare services, regardless of physician participation status.
It preempts state laws that limit charges for Medicare services provided by eligible professionals, ensuring federal law governs payment amounts.
Contracts between beneficiaries and eligible professionals must be in writing, outlining payment terms and beneficiary responsibilities, but exclude emergency situations and those eligible for Medicaid.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, short title., and 2 more.

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