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'''Section 1395''' of Title 42 to the U.S. Code is the general federal ban on interference by the federal government with the practice of medicine under the [[Medicare]] program. It was quoted, with emphasis on its ban on "control", by Justice [[Neil Gorsuch]] during oral arguments on January 7, 2022, concerning an emergency application to stay an injunction against a [[COVID vaccine]] mandate for Medicare workers.
'''Section 1395''' of Title 42 to the U.S. Code is the general federal ban on interference by the federal government with the practice of medicine under the [[Medicare]] program. It was quoted, with emphasis on its ban on "control", by Justice [[Neil Gorsuch]] during oral arguments on January 7, 2022, concerning an emergency application to stay an injunction against a [[COVID vaccine]] mandate for Medicare workers.
{{cquote|§ 1395. Prohibition against any Federal interference
{{cquote|§ 1395. Prohibition against any Federal interference
Nothing in this title [42 USCS §§ 1395 et seq.] 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.}}
Nothing in this title [42 USCS §§ 1395 et seq.] 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.}}
42 U.S.C.S. § 1395.
42 U.S.C.S. § 1395.
In the vaccine mandate cases in January 2022, a 5-4 Court majority upheld a vaccine mandate against health workers by ruling that:<ref>https://www.supremecourt.gov/opinions/21pdf/21a240_d18e.pdf</ref>
{{cquote|Lastly, the rule does not run afoul of the directive in §1395 that federal officials may not “exercise any supervision or control over the ... manner in which medical services are provided, or over the selection [or] tenure ... of any officer or employee of ” any facility. That reading of section 1395 would mean that nearly every condition of participation the Secretary has long insisted upon is unlawful.}}
==References==
{{reflist}}
[[category:law]]
[[category:law]]
[[category:medicine]]
[[category:medicine]]
[[category:vaccine cases]]