RESOLUTION CONCERNING THE RIGHT OF ALL PATIENTS TO PURCHASE MEDICAL CARE
WHEREAS: The right of Americans to life, liberty, and property must include the right to purchase necessary medical services; and
WHEREAS Section 1801 of the Social Security Act reads: “Nothing in this title 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”; and
WHEREAS: Fees allowed by Medicare, Medicaid, Tricare, and many managed-care plans are increasingly nonremunerative; and
WHEREAS: Services will become increasingly less available to beneficiaries of such plans; and
WHEREAS: Government has no explicit statutory authority to control the prices of services for which it does not pay,
BE IT THEREFORE RESOLVED THAT the Arizona Medical Association request the Medicare carrier and the AHCCCS Administrator to enunciate clearly a policy that the carrier or agency will take no action to prevent federal health care beneficiaries from exerting their right to purchase medical services without making a claim on tax funds, under terms mutually agreeable to patient and physician, or against physicians who accept wholly private payment on a case-by-case basis without formally “opting out,” if the physician has not voluntarily signed a contract promising not to do so, and
BE IT FURTHER RESOLVED THAT if the Medicare carrier or AHCCCS administrator refuse to enunciate this policy, the Arizona Medical Association demand a citation to the precise federal statute, or to a formal written policy of the Department of Health and Human Services, promulgated in compliance with the Administrative Procedure Act, that prohibits them from doing so.