Medicare Private Contracting: Paternalism Or Autonomy?

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American Enterprise Institute for Public Policy Research, May 1, 1998 - Medical - 73 pages
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John S. Hoff describes the provisions of Medicare that effectively prohibit Medicare beneficiaries from going outside Medicare and paying their physicians for care when they choose to do so. This issue has assumed new importance and public awareness with the enactment of section 4507 of the Balanced Budget Act of 1997. Mr. Hoff discusses technical issues of Medicare law and policy in the broader context of the personal autonomy of Medicare beneficiaries and the physicians who care for them. He describes the administrative policies that led to section 4507, analyzes the terms and operation of section 4507, and discusses the importance of the issue for Medicare beneficiaries and physicians, taxpayers, and all Americans concerned about their personal freedom.

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Operation of Section 4507
Has HCFA Made Section 4507 Unnecessary?
Can the Prohibition Be Justified?

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About the author (1998)

John S. Hoff is a health care lawyer and policy analyst in Washington, D.C.

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