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S 438 111th Congress Senate Health Administrative law and regulatory procedures Civil actions and liability Congressional oversight Health care costs and insurance Health care quality Medicaid Medicare

Improved Medical Decision Incentive Act of 2009

Introduced: February 13, 2009 Introduced by: Whitehouse, Sheldon Democratic · Rhode Island See on congress.gov
This bill died when the 111th Congress ended
It never became law before the 111th Congress (2009–2010) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Feb 13, 2009
Read twice and referred to the Committee on Finance.
Feb 13, 2009
Introduced in Senate
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 Plain-English summary Congressional Research Service

Improved Medical Decision Incentive Act of 2009 - Allows a state health department to approve best practices in a course of, or as a means of treatment for, a particular condition, illness, or procedure, as the qualifying standard of care for the state in order to take advantage of the differential rates of payment implemented under the Social Security Act and the private insurance incentive under this Act.

Requires a state health department, among other conditions for state approval, to allow any duly constituted state medical society or medical speciality group to file with the state health department a course or means of treatment representing best practices for a particular condition, illness, or procedure.

Requires any interstate health insurer providing health care coverage within a state with approved qualifying best practices to pay all provider charges for any service provided in accordance with such practices.

Authorizes any such provider or specialty group to bring a civil action in an appropriate U.S. district court to enjoin efforts by any health insurer to challenge or delay payment for services provided by the provider or a member of the specialty group in accordance with such best practices.

Amends titles XVIII (Medicare) and XIX (Medicaid) to provide for implementation of differential rates of payment for covered items and services (except those in a clinical trial or study or, in exceptional circumstances, requiring non-standard care) that favor treatment consistent with qualifying best practices approved under the Medicare and Medicaid programs.

Requires the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, to review annually and report to Congress on the efficacy of all qualifying best practices approved pursuant to this Act and, if applicable, any national best practices adopted pursuant to this Act.

Requires the Secretary also to host an annual conference on best practices for all state health directors, any state medical societies and medical specialty groups that have filed best practices for state approval, and any health insurers and advocacy groups that have participated in any administrative proceeding to approve best practices.

What's happening now February 13, 2009

Read twice and referred to the Committee on Finance.

 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
Cite this page click to expand
APA
U.S. Congress. (2026). S. 438: Improved Medical Decision Incentive Act of 2009. 111th Congress. Open America. https://openamerica.io/bill/111-S-438/
MLA
"S. 438: Improved Medical Decision Incentive Act of 2009." 111th Congress, 2026, Open America, https://openamerica.io/bill/111-S-438/.
Bluebook (legal)
S. 438, 111th Cong. (2026), https://openamerica.io/bill/111-S-438/.
Markdown link
[S. 438: Improved Medical Decision Incentive Act of 2009](https://openamerica.io/bill/111-S-438/)
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