Restoring Freedom of Contract between Doctor and Patient in Medicare Part B

22 Pages Posted: 7 Oct 2015

See all articles by David E Bernstein

David E Bernstein

George Mason University - Antonin Scalia Law School, Faculty

Date Written: October 5, 2015

Abstract

Despite promises that Medicare would not interfere with patients’ ability to choose their physician and to purchase additional health coverage on the open market, over the decades Medicare rules and regulations have gradually eroded senior citizens’ ability to control their healthcare choices. With Medicare facing financial and regulatory pressures that threaten to drive more and more physicians out of the system, it’s time for Congress to allow private contracting to play a significantly greater role in Medicare Part B. Congress should eliminate the limit on patients’ ability to negotiate fees with nonparticipating physicians, expand the scope of Medigap coverage to include services not covered by Medicare, and liberalize the rules for opt-out physicians.

Keywords: Medicare, Medicare Part B, freedom of contract, Centers for Medicare & Medicaid Services, participating physicians, non-participating physicians, Balanced Budget Act of 1997, preferred provider organizations, Medigap, balance billing

JEL Classification: H51, I11, I13, I14, I18, I38, I39, J26, K00, K10, L84

Suggested Citation

Bernstein, David Eliot, Restoring Freedom of Contract between Doctor and Patient in Medicare Part B (October 5, 2015). George Mason Legal Studies Research Paper No. LS 15-34; George Mason Law & Economics Research Paper No. 15-44. Available at SSRN: https://ssrn.com/abstract=2669755 or http://dx.doi.org/10.2139/ssrn.2669755

David Eliot Bernstein (Contact Author)

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8089 (Phone)
703-993-8202 (Fax)

HOME PAGE: http://mason.gmu.edu/~dbernste

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