Home > 106th Congressional Bills > H.R. 1304 (rh) To ensure and foster continued patient safety and quality of care by [Reported in House] ...

H.R. 1304 (rh) To ensure and foster continued patient safety and quality of care by [Reported in House] ...


Google
 
Web GovRecords.org








106th CONGRESS
  2d Session
                                H. R. 1304


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 30, 2000

                                Received

                             July 27, 2000

 Read twice and referred to the Committee on Health, Education, Labor, 
                              and Pensions

_______________________________________________________________________

                                 AN ACT


 
 To ensure and foster continued patient safety and quality of care by 
   making the antitrust laws apply to negotiations between groups of 
health care professionals and health plans and health insurance issuers 
in the same manner as such laws apply to collective bargaining by labor 
         organizations under the National Labor Relations Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Quality Health-Care Coalition Act of 
2000''.

SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO HEALTH CARE PROFESSIONALS 
              NEGOTIATING WITH HEALTH PLANS.

    (a) In General.--Any health care professionals who are engaged in 
negotiations with a health plan regarding the terms of any contract 
under which the professionals provide health care items or services for 
which benefits are provided under such plan shall, in connection with 
such negotiations, be entitled to the same treatment under the 
antitrust laws as the treatment to which bargaining units which are 
recognized under the National Labor Relations Act are entitled in 
connection with such collective bargaining. Such a professional shall, 
only in connection with such negotiations, be treated as an employee 
engaged in concerted activities and shall not be regarded as having the 
status of an employer, independent contractor, managerial employee, or 
supervisor.
    (b) Protection for Good Faith Actions.--Actions taken in good faith 
reliance on subsection (a) shall not be the subject under the antitrust 
laws of criminal sanctions nor of any civil damages, fees, or penalties 
beyond actual damages incurred.
    (c) Limitation.--
            (1) No new right for collective cessation of service.--The 
        exemption provided in subsection (a) shall not confer any new 
        right to participate in any collective cessation of service to 
        patients not already permitted by existing law.
            (2) No change in national labor relations act.-- This 
        section applies only to health care professionals excluded from 
        the National Labor Relations Act. Nothing in this section shall 
        be construed as changing or amending any provision of the 
        National Labor Relations Act, or as affecting the status of any 
        group of persons under that Act.
    (d) 3-Year Sunset.--The exemption provided in subsection (a) shall 
only apply to conduct occurring during the 3-year period beginning on 
the date of the enactment of this Act and shall continue to apply for 1 
year after the end of such period to contracts entered into before the 
end of such period.
    (e) Limitation on Exemption.--Nothing in this section shall exempt 
from the application of the antitrust laws any agreement or otherwise 
unlawful conspiracy that excludes, limits the participation or 
reimbursement of, or otherwise limits the scope of services to be 
provided by any health care professional or group of health care 
professionals with respect to the performance of services that are 
within their scope of practice as defined or permitted by relevant law 
or regulation.
    (f) No Effect on Title VI of Civil Rights Act of 1964.--Nothing in 
this section shall be construed to affect the application of title VI 
of the Civil Rights Act of 1964.
    (g) No Application to Federal Programs.--Nothing in this section 
shall apply to negotiations between health care professionals and 
health plans pertaining to benefits provided under any of the 
following:
            (1) The Medicare Program under title XVIII of the Social 
        Security Act (42 U.S.C. 1395 et seq.).
            (2) The Medicaid Program under title XIX of the Social 
        Security Act (42 U.S.C. 1396 et seq.).
            (3) The SCHIP program under title XXI of the Social 
        Security Act (42 U.S.C. 1397aa et seq.).
            (4) Chapter 55 of title 10, United States Code (relating to 
        medical and dental care for members of the uniformed services).
            (5) Chapter 17 of title 38, United States Code (relating to 
        Veterans' medical care).
            (6) Chapter 89 of title 5, United States Code (relating to 
        the Federal employees' health benefits program).
            (7) The Indian Health Care Improvement Act (25 U.S.C. 1601 
        et seq.).
    (h) Exemption of Abortion and Abortion Services.--Nothing in this 
section shall apply to negotiations specifically relating to requiring 
a health plan to cover abortion or abortion services.
    (i) General Accounting Office Study and Report.--The Comptroller 
General of the United States shall conduct a study on the impact of 
enactment of this section during the 6-month period beginning with the 
third year of the 3-year period described in subsection (d). Not later 
than the end of such 6-month period the Comptroller General shall 
submit to Congress a report on such study and shall include in the 
report such recommendations on the extension of this section (and 
changes that should be made in making such extension) as the 
Comptroller General deems appropriate.
    (j) Definitions.--For purposes of this section:
            (1) Antitrust laws.--The term ``antitrust laws''--
                    (A) has the meaning given it in subsection (a) of 
                the first section of the Clayton Act (15 U.S.C. 12(a)), 
                except that such term includes section 5 of the Federal 
                Trade Commission Act (15 U.S.C. 45) to the extent such 
                section 5 applies to unfair methods of competition; and
                    (B) includes any State law similar to the laws 
                referred to in subparagraph (A).
            (2) Health plan and related terms.--
                    (A) In general.--The term ``health plan'' means a 
                group health plan or a health insurance issuer that is 
                offering health insurance coverage.
                    (B) Health insurance coverage; health insurance 
                issuer.--The terms ``health insurance coverage'' and 
                ``health insurance issuer'' have the meanings given 
                such terms under paragraphs (1) and (2), respectively, 
                of section 733(b) of the Employee Retirement Income 
                Security Act of 1974 (29 U.S.C. 1191b(b)).
                    (C) Group health plan.--The term ``group health 
                plan'' has the meaning given that term in section 
                733(a)(1) of the Employee Retirement Income Security 
                Act of 1974 (29 U.S.C. 1191b(a)(1)).
            (3) Health care professional.--The term ``health care 
        professional'' means an individual who provides health care 
        items or services, treatment, assistance with activities of 
        daily living, or medications to patients and who, to the extent 
        required by State or Federal law, possesses specialized 
        training that confers expertise in the provision of such items 
        or services, treatment, assistance, or medications.
    (k) Sense of the Congress.--It is the sense of the Congress that 
decisions regarding medical care and treatment should be made by the 
physician or health care professional in consultation with the patient.

            Passed the House of Representatives June 30 (legislative 
      day, June 29), 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Pages: 1

Other Popular 106th Congressional Bills Documents:

1 H.R. 1524 (ih) To authorize the continued use on public lands of the expedited processes successfully used for windstorm-damaged national forests and grasslands in Texas. [Introduced in House] ...
2 H.R. 1212 (eh) To protect producers of agricultural commodities who applied for a Crop Revenue Coverage PLUS supplemental endorsement for the 1999 crop year. [Engrossed in House] ...
3 H.R. 1301 (ih) To amend the Clean Air Act to prohibit the listing of liquefied petroleum gas under section 112(r) of that Act. [Introduced in House] ...
4 H.R. 4169 (rs) To designate the facility of the United States Postal Service located at 2000 Vassar Street in Reno, Nevada, as the ``Barbara F. Vucanovich Post Office Building''. [Reported in Senate] ...
5 S. 176 (is) To direct the Secretary of the Interior to conduct a study of alternatives for commemorating and interpreting the history of the Harlem Renaissance, and for other purposes. [Introduced in Senate] ...
6 H.J.Res. 11 (ih) Proposing an amendment to the Constitution of the United States to provide that Federal judges be reconfirmed by the Senate every 10 years. [Introduced in House] ...
7 S. 712 (is) To amend title 39, United States Code, to allow postal patrons to contribute to funding for highway-rail grade crossing safety through the voluntary purchase of certain specially issued United States postage stamps. [Introduced in Senate] %%Fi...
8 H.R. 5546 (ih) To amend the Internal Revenue Code of 1986 to improve the retirement security of American families. [Introduced in House] ...
9 H.R. 4555 (ih) To provide for a 6-year demonstration project to stabilize coverage and benefits under the Medicare+Choice Program. [Introduced in House] ...
10 H.R. 1615 (rfs) To amend the Wild and Scenic Rivers Act to extend the designation of a portion of the Lamprey River in New Hampshire as a recreational river to include an additional river segment. [Referred in Senate] ...
11 S. 631 (is) To amend the Social Security Act to eliminate the time limitation on [Introduced in Senate] ...
12 S. 3059 (is) To amend title 49, United States Code, to require motor vehicle [Introduced in Senate] ...
13 H.R. 134 (ih) To amend the Internal Revenue Code of 1986 to restructure and replace the income tax system of the United States to meet national priorities, and for other purposes. [Introduced in House] ...
14 H.R. 4189 (ih) To direct the Secretary of Transportation to carry out a vessel scrapping and processing pilot program in the United States. [Introduced in House] ...
15 S. 2981 (is) To amend titles XVIII and XIX of the Social Security Act to provide bad [Introduced in Senate] ...
16 S. 1949 (is) To promote economically sound modernization of electric power [Introduced in Senate] ...
17 S. 3101 (is) To amend the Internal Revenue Code of 1986 to allow as a deduction in determining adjusted gross income the deduction for expenses in connection with services as a member of a reserve component of the Armed Forces of the United States. [Intro...
18 H.R. 3124 (ih) To amend the Internal Revenue Code of 1986 to provide a tax credit for police officers and professional firefighters, and to exclude from income certain benefits received by public safety volunteers. [Introduced in House] ...
19 H.Res. 351 (ath) Designating minority membership on certain standing committees of the House. [Agreed to House] ...
20 H.R. 4425 (enr) Making appropriations for military construction, family housing, and base realignment and closure for the Department of Defense for the fiscal year ending September 30, 2001, and for other purposes. [Enrolled bill] ...
21 H.Con.Res. 187 (rfs) Expressing the sense of Congress regarding the European Council noise rule affecting hushkitted and reengined aircraft. [Referred in Senate] ...
22 H.R. 4447 (eh) To designate the facility of the United States Postal Service located at 919 West 34th Street in Baltimore, Maryland, as the ``Samuel H. Lacy, Sr. Post Office Building''. [Engrossed in House] ...
23 H.Con.Res. 52 (eh) [Engrossed in House] ...
24 H.R. 1774 (ih) To amend the Immigration and Nationality Act to not count work experience as an unauthorized alien for purposes of admission as an employment-based immigrant or an H-1B nonimmigrant. [Introduced in House] ...
25 S. 1435 (is) To amend section 9 of the Small Business Act to provide for the establishment of volunteer mentoring programs. [Introduced in Senate] ...
26 S. 484 (is) To provide for the granting of refugee status in the United States to [Introduced in Senate] ...
27 H.R. 2952 (rs) To redesignate the facility of the United States Postal Service located at 100 Orchard Park Drive in Greenville, South Carolina, as the ``Keith D. Oglesby Station''. [Reported in Senate] ...
28 S. 3247 (is) To establish a Chief Labor Negotiator in the Office of the United States Trade Representative. [Introduced in Senate] ...
29 H.Con.Res. 83 (ih) Expressing the sense of the Congress that the Government of the Federal [Introduced in House] ...
30 H.R. 3510 (ih) To authorize the Secretary of Transportation to convey the National Defense Reserve Fleet vessel S.S. GUAM to American Trade Fair Ship, Inc. [Introduced in House] ...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy