Section 1395

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 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.

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§ 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.

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42 U.S.C.S. § 1395.