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Joint Negotiation by Health-Care Professionals: H.R. 1304, “Quality Health-Care Coalition Act of 2000" (CRS Report for Congress)

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Release Date July 17, 2000
Report Number RS20410
Report Type Report
Authors Janice E. Rubin, American Law Division
Source Agency Congressional Research Service
Summary:

H.R. 1304 , "Quality Health-Care Coalition Act of 1999," amended and passed by the House on June 30, 276-136, would enable health-care professionals to negotiate jointly with non-federally affiliated health plans concerning "the terms of any contract under which the professionals provide health care items or services for which benefits are provided under such plan" (except that discussions about requiring abortion coverage are exempt from the negotiation exemption), thus altering existing antitrust law so that joint negotiation by health-care entities that, but for their joint activity, would normally be competitors, would no longer be considered unlawful. A sense of Congress amendment states that medical decisions should be made by health care professionals and patients. This report will set out, briefly: the present antitrust law and some relevant exemptions from it; some pertinent parts of the "Statements of Antitrust Enforcement Policy in Health Care," (1) and the major provisions of H.R. 1304 . It will be updated to reflect changes in the legislative status of H.R. 1304 . 1.  Issued jointly by the Department of Justice and the Federal Trade Commission (FTC), August 28, 1996 (hereinafter, Health Care Guidelines, or Guidelines).