42 U.S. Code § 1395 – Prohibition against any Federal interference

https://www.law.cornell.edu/us code/text/42/1395?qt-us_code_ temp_noupdates=3#qt-us_code_ temp_noupdates

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 selection, tenure, or compensation of any officer or employee of any institution, agency, or person providing health services; or to exercise any supervision 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.)

The information that I have received on this Federal Law is that it only applies to Medicare… Medicare covers 46 million (old age 65+) and 9 million (disabled)… so we are talking about 55 million that could possibly be covered by this law/statue.

Of course, we all know that Federal laws are enforced by the DOJ.. if which, DEA is part of.

So how many federal agencies and their employees are attempting to interfere with the medical services provided to those covered under Medicare – which should include prescriber office visits paid for by Part B and medication paid for by Part D ?

There are a number of OIG’s (Office of Inspector General) that is to oversee the legal operation of a number different federal agencies.  Where are they ?

Where is the ACLU in protecting the rights of all of these elderly/disabled Medicare beneficiaries … ?

Where is the AARP … who claims to be the “CHAMPION” for those over 50+ ?

Does this mean that the CDC did not have the LEGAL AUTHORITY to publish those opiate dosing guidelines ..at least they would not apply to 55 million Medicare citizens. ?

Does this mean that the DEA has no legal authority over prescribers treating/maintaining addicts as their professional discretion indicates ?

Does the DOJ have the legal authority to continue to treat opiate addiction as a crime when Surgeon General states it is a mental health disease ?

Did the FDA have the authority to force the pharma that made Opana ER to take it off the market  because it was the drug of choice of some addicts ?

Does CMS have the authority to dictate dosing guidelines for those on Medicare ?

Who can answer these questions?… Who is suppose to enforce this Federal law/statue ?

 

Filed under: General Problems