PRINTER'S NO. 74
No. 52 Session of 2007
INTRODUCED BY C. WILLIAMS, COSTA, RAFFERTY, KITCHEN, BOSCOLA, FONTANA, BROWNE, MELLOW AND STACK, FEBRUARY 7, 2007
REFERRED TO BANKING AND INSURANCE, FEBRUARY 7, 2007
AN ACT 1 Authorizing health care providers to negotiate with health care 2 insurers; and providing for the powers and duties of the 3 Attorney General and the Insurance Commissioner. 4 The General Assembly hereby finds and determines that: 5 (1) Active, robust and fully competitive markets for 6 health care services provide the best opportunity for 7 residents of this Commonwealth to receive high-quality health 8 care services at an appropriate cost. 9 (2) A substantial amount of health care services in this 10 Commonwealth is purchased for the benefit of patients by 11 health care insurers engaged in the provision of health care 12 financing services or is otherwise delivered subject to the 13 terms of agreements between health care insurers and 14 providers of the services. 15 (3) Health care insurers are able to control the flow of 16 patients to providers of health care services through 17 compelling financial incentives for patients in their plans 18 to utilize only the services of providers with whom the
1 insurers have contracted. 2 (4) Health care insurers also control the health care 3 services rendered to patients through utilization review 4 programs and other managed care tools and associated coverage 5 and payment policies. 6 (5) The power of health care insurers in markets of this 7 Commonwealth for health care services has become great enough 8 to create a competitive imbalance, reducing levels of 9 competition and threatening the availability of high-quality, 10 cost-effective health care. 11 (6) In many areas of this Commonwealth, the health care 12 financing market is dominated by one or two health care 13 insurers, with some insurers controlling over 50% of the 14 market. 15 (7) Health care insurers often are able to virtually 16 dictate the terms of the provider contracts that they offer 17 physicians and other health care providers and commonly offer 18 provider contracts on a take-it-or-leave-it basis. 19 (8) The power of health care insurers to unilaterally 20 impose provider contract terms jeopardizes the ability of 21 physicians and other health care providers to deliver the 22 superior quality health care services that have been 23 traditionally available in this Commonwealth. 24 (9) Physicians and other health care providers do not 25 have sufficient market power to reject unfair provider 26 contract terms that impede their ability to deliver medically 27 appropriate care without undue delay or hassle. 28 (10) Inequitable reimbursement and other unfair payment 29 terms adversely affect quality patient care and access by 30 reducing the resources that health care providers can devote 20070S0052B0074 - 2 -
1 to patient care and decreasing the time that physicians are 2 able to spend with their patients. 3 (11) Inequitable reimbursement and other unfair payment 4 terms also endanger the health care infrastructure and 5 medical advancement by diverting capital needed for 6 reinvestment in the health care delivery system, curtailing 7 the purchase of state-of-the-art technology, the pursuit of 8 medical research and expansion of medical services, all to 9 the detriment of the residents of this Commonwealth. 10 (12) The inevitable collateral reduction and migration 11 of the health care work force also will have negative 12 consequences for this Commonwealth's economy. 13 (13) Empowering independent health care providers to 14 jointly negotiate with health care insurers as provided in 15 this act will help restore the competitive balance and 16 improve competition in the markets for health care services 17 in this Commonwealth, thereby providing benefits for 18 consumers, health care providers and less dominant health 19 care insurers. 20 (14) Allowing independent health care providers to 21 jointly negotiate with health care insurers through a common 22 joint negotiation representative will improve the efficiency 23 and effectiveness of communications between the parties and 24 result in provider contracts that better reflect the mutual 25 areas of agreement. 26 (15) This act is necessary, proper and constitutes an 27 appropriate exercise of the authority of the Commonwealth to 28 regulate the business of insurance and the delivery of health 29 care services. 30 (16) The procompetitive and other benefits of the joint 20070S0052B0074 - 3 -
1 negotiations and related joint activity authorized by this 2 act, including, but not limited to, restoring the competitive 3 balance in the market for health care services, protecting 4 access to quality patient care, promoting the health care 5 infrastructure and medical advancement and improving 6 communications, outweigh any anticompetitive effects. 7 (17) It is the intention of the General Assembly to 8 authorize independent health care providers to jointly 9 negotiate with health care insurers and to qualify such joint 10 negotiations and related joint activities for the State- 11 action exemption to the Federal antitrust laws through the 12 articulated State policy and active supervision provided in 13 this act. 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 Section 1. Short title. 17 This act shall be known and may be cited as the Health Care 18 Provider Joint Negotiation Act. 19 Section 2. Definitions. 20 The following words and phrases when used in this act shall 21 have the meanings given to them in this section unless the 22 context clearly indicates otherwise: 23 "Attorney General." The Attorney General of the 24 Commonwealth. 25 "Covered lives." The total number of individuals who are 26 entitled to benefits under a health care insurance plan, 27 including, but not limited to, beneficiaries, subscribers and 28 members of the plan. 29 "Health care insurer." An entity, subject to the insurance 30 laws of this Commonwealth or otherwise subject to the 20070S0052B0074 - 4 -
1 jurisdiction of the Insurance Commissioner, which contracts or 2 offers to contract to provide, deliver, arrange for, pay for or 3 reimburse any of the costs of health care services, including, 4 but not limited to, an entity licensed under any of the 5 following: 6 (1) The act of May 17, 1921 (P.L.682, No.284), known as 7 The Insurance Company Law of 1921. 8 (2) The act of December 29, 1972 (P.L.1701, No.364), 9 known as the Health Maintenance Organization Act. 10 (3) 40 Pa.C.S. Ch. 61 (relating to hospital plan 11 corporations). 12 (4) 40 Pa.C.S. Ch. 63 (relating to professional health 13 services plan corporations). 14 except as provided in section 14. For purposes of this act, a 15 third party administrator shall be considered a health care 16 insurer when interacting with health care providers and 17 enrollees on behalf of a health care insurer. 18 "Health care insurer affiliate." A health care insurer that 19 is affiliated with another entity by either the insurer or 20 entity having a 5% or greater, direct or indirect, ownership or 21 investment interest in the other through equity, debt or other 22 means. 23 "Health care provider." A licensed hospital or health care 24 facility, medical equipment supplier or person who is licensed, 25 certified or otherwise regulated to provide health care services 26 under the laws of this Commonwealth, including, but not limited 27 to, a physician, dentist, podiatrist, optometrist, pharmacist, 28 psychologist, chiropractor, physical therapist, certified nurse 29 practitioner or nurse midwife. 30 "Health care services." Services for the diagnosis, 20070S0052B0074 - 5 -
1 prevention, treatment, cure or relief of a health condition, 2 injury, disease or illness, including, but not limited to, the 3 professional and technical component of professional services, 4 supplies, drugs and biologicals, diagnostic X-ray, laboratory 5 and other diagnostic tests, preventive screening services and 6 tests, such as pap smears and mammograms, X-ray, radium and 7 radioactive isotope therapy, surgical dressings, devices for the 8 reduction of fractures, durable medical equipment, braces, 9 trusses, artificial limbs and eyes, dialysis services, home 10 health services and hospital and other facility services. 11 "HMO." A health maintenance organization. The term includes 12 any health care insurer product that requires enrollees to use 13 health care providers in a designated provider network to obtain 14 covered services except in limited circumstances such as 15 emergencies. 16 "Insurance Commissioner." The Insurance Commissioner of the 17 Commonwealth. 18 "Joint negotiation." Negotiation with a health care insurer 19 by two or more independent health care providers acting together 20 as part of a formal entity or group or otherwise. 21 "Joint negotiation representative." A representative 22 selected by a group of independent health care providers to be 23 the group's representative in joint negotiations with a health 24 care insurer under this act. 25 "Office of Attorney General." The Office of Attorney General 26 of the Commonwealth. 27 "POS." A point-of-service plan, including, but not limited 28 to, a variation of an HMO that provides limited coverage for 29 certain out-of-network services. 30 "PPO." A preferred provider organization. The term includes 20070S0052B0074 - 6 -
1 any health care insurer product, other than an HMO or POS 2 product, that provides financial incentives for enrollees to use 3 health care providers in a designated provider network for 4 covered services. 5 "Provider contract." An agreement between a health care 6 provider and a health care insurer which sets forth the terms 7 and conditions under which the provider is to deliver health 8 care services to enrollees of the insurer. The term does not 9 include employment contracts between a health care insurer and a 10 health care professional. 11 "Provider network." A group of health care providers who 12 have provider contracts with a health care insurer. 13 "Self-funded health benefit plan." A plan that provides for 14 the assumption of the cost of or spreading the risk of loss 15 resulting from health care services of covered lives by an 16 employer, union or other sponsor, substantially out of the 17 current revenues, assets or any other funds of the sponsor. 18 "Third party administrator." An entity that provides 19 utilization review, provider network credentialing or other 20 administrative services for a health care insurer or a self- 21 funded health benefit plan. 22 Section 3. Negotiations regarding nonfee-related terms. 23 Independent health care providers may jointly negotiate with 24 a health care insurer and engage in related joint activity, as 25 provided in sections 6 and 7, regarding nonfee-related matters 26 which can effect patient care, including, but not limited to any 27 of the following: 28 (1) The definition of medical necessity and other 29 conditions of coverage. 30 (2) Utilization review criteria and procedures. 20070S0052B0074 - 7 -
1 (3) Clinical practice guidelines. 2 (4) Preventive care and other medical management 3 policies. 4 (5) Patient referral standards and procedures, 5 including, but not limited to, those applicable to out-of- 6 network referrals. 7 (6) Drug formularies and standards and procedures for 8 prescribing off-formulary drugs. 9 (7) Quality assurance programs. 10 (8) Respective health care provider and health care 11 insurer liability for the treatment or lack of treatment of 12 plan enrollees. 13 (9) The methods and timing of payments, including, but 14 not limited to, interest and penalties for late payments. 15 (10) Other administrative procedures, including, but not 16 limited to, enrollee eligibility verification systems and 17 claim documentation requirements. 18 (11) Credentialing standards and procedures for the 19 selection, retention and termination of participating health 20 care providers. 21 (12) Mechanisms for resolving disputes between the 22 health care insurer and health care providers, including, but 23 not limited to, the appeals process for utilization review 24 and credentialing determination. 25 (13) The health insurance plans sold or administered by 26 the insurer in which the health care providers are required 27 to participate. 28 Section 4. Negotiation regarding fees and fee-related terms. 29 When a health care insurer has substantial market power over 30 independent health care providers, the providers may jointly 20070S0052B0074 - 8 -
1 negotiate with the health care insurer and engage in related 2 joint activity, as provided in sections 6 and 7 regarding fees 3 and fee-related matters, including, but not limited to, any of 4 the following: 5 (1) The amount of payment or the methodology for 6 determining the payment for a health care service. 7 (2) The conversion factor for a resource-based relative 8 value scale or similar reimbursement methodology for health 9 care services. 10 (3) The amount of any discount on the price of a health 11 care service. 12 (4) The procedure code or other description of the 13 health care service or services covered by a payment. 14 (5) The amount of a bonus related to the provision of 15 health care services or a withhold from the payment due for a 16 health care service. 17 (6) The amount of any other component of the 18 reimbursement methodology for a health care service. 19 Section 5. Substantial market power. 20 (a) Standard.--A health care insurer has substantial market 21 power over health care providers when: 22 (1) the insurer's market share in the comprehensive 23 health care financing market or a relevant segment of that 24 market, alone or in combination with the market shares of 25 affiliates, exceeds either 15% of the covered lives in the 26 geographic service area of the providers seeking to jointly 27 negotiate or 25,000 covered lives; or 28 (2) the Attorney General determines that the market 29 power of the insurer in the relevant product and geographic 30 markets for the services of the providers seeking to jointly 20070S0052B0074 - 9 -
1 negotiate significantly exceeds the countervailing market 2 power of the providers acting individually. 3 (b) Comprehensive health care financing market.--The 4 comprehensive health care financing market includes: 5 (1) All health care insurer products which provide 6 comprehensive coverage, alone or in combination with other 7 products sold together as a package, including, but not 8 limited to, indemnity, HMO, PPO and POS products and 9 packages. 10 (2) Self-funded health benefit plans which provide 11 comprehensive coverage. 12 (c) Relevant market segments.--Relevant market segments in 13 the comprehensive health care financing market shall include the 14 following: 15 (1) Health care insurer products and self-funded health 16 benefit plans. 17 (2) Within the health care insurer product category, 18 private health insurance, Medicare HMO, PPO and POS and 19 Medicaid HMO. 20 (3) Within the private health insurance category, 21 indemnity, HMO, PPO and POS products. 22 (4) Such other segments as the Attorney General 23 determines are appropriate for purposes of determining 24 whether a health care insurer has substantial market power. 25 (d) Annual calculation by Insurance Commissioner.-- 26 (1) By March 31 of each year, the Insurance Commissioner 27 shall calculate the number of covered lives of each health 28 care insurer and its affiliates in the comprehensive health 29 care financing market and in each relevant market segment for 30 each county of the Commonwealth. The Insurance Commissioner 20070S0052B0074 - 10 -
1 shall make these calculations by averaging quarterly data 2 from the preceding year unless the Insurance Commissioner 3 determines that it would be more appropriate to use other 4 data and information. The Insurance Commissioner may 5 recalculate covered lives determinations earlier than the 6 required annual recalculation when the Insurance Commissioner 7 deems appropriate. 8 (2) Recipients of Medicare, Medicaid and other 9 governmental programs shall not be counted as covered lives 10 in the health care financing market unless they receive their 11 governmental program coverage through an HMO or another 12 health care insurer product. 13 (3) When calculating the market power of a health care 14 insurer or affiliate that has third party administration 15 products, the covered lives of the health care insurers and 16 self-funded health benefit plans for whom the insurer or 17 affiliate provides administrative services shall be treated 18 as the covered lives of the insurer or affiliate. 19 (4) The Insurance Commissioner's covered lives 20 calculations shall be used for purposes of determining the 21 market power of health care insurers in the comprehensive 22 health care financing market from the date of the 23 determination until the next annual determination or until 24 the Insurance Commissioner recalculates the determination, 25 whichever is earlier. 26 (5) In cases where the relevant geographic market is 27 multiple counties, the Insurance Commissioner's calculations 28 for those counties shall be aggregated when counting the 29 covered lives of the health care insurer whose market power 30 is being evaluated. 20070S0052B0074 - 11 -
1 (6) The Insurance Commissioner shall collect and 2 investigate information necessary to calculate the covered 3 lives of health care insurers and their affiliates. 4 Section 6. Conduct of negotiations. 5 The following requirements shall apply to the exercise of 6 joint negotiation rights and related activity under this act: 7 (1) Health care providers shall select the members of 8 their joint negotiation group by mutual agreement. 9 (2) Health care providers shall designate a joint 10 negotiation representative as the sole party authorized to 11 negotiate with the health care insurer on behalf of the 12 health care providers as a group. 13 (3) Health care providers may communicate with each 14 other and their joint negotiation representative with respect 15 to the matters to be negotiated with the health care insurer. 16 (4) Health care providers may agree upon a proposal to 17 be presented by their joint negotiation representative to the 18 health care insurer. 19 (5) Health care providers may agree to be bound by the 20 terms and conditions negotiated by their joint negotiation 21 representative. 22 (6) The health care providers' joint negotiation 23 representative may provide the health care providers with the 24 results of negotiations with the health care insurer and an 25 evaluation of any offer made by the health care insurer. 26 (7) The health care providers' joint negotiation 27 representative may reject a contract proposal by a health 28 care insurer on behalf of the health care providers as long 29 as the health care providers remain free to individually 30 contract with the health care insurer. 20070S0052B0074 - 12 -
1 (8) The health care providers may not jointly coordinate 2 any cessation of health care services by them. 3 (9) The health care providers' joint negotiation 4 representative shall advise the health care providers of the 5 provisions of this act and shall inform the health care 6 providers of the potential for legal action against health 7 care providers who violate the Federal antitrust laws. 8 (10) Health care providers may not negotiate the 9 inclusion or alteration of terms and conditions to the extent 10 the terms or conditions are required or prohibited by 11 government regulation. This paragraph shall not be construed 12 to limit the right of health care providers to jointly 13 petition government for a change in such regulation. 14 Section 7. Attorney General oversight. 15 (a) Petition for approval of joint negotiations.--Before 16 engaging in any joint negotiation with a health care insurer, 17 health care providers must obtain the Attorney General's 18 approval to proceed with the negotiations. The petition seeking 19 approval must include: 20 (1) The name and business address of the health care 21 providers' joint negotiation representative. 22 (2) The names and business addresses of the health care 23 providers petitioning to jointly negotiate. 24 (3) The name and business address of the health care 25 insurer or insurers with which the petitioning providers seek 26 to jointly negotiate. 27 (4) The proposed subject matter of the negotiations or 28 discussions with the health care insurer or insurers. 29 (5) The proportionate relationship of the health care 30 providers to the total population of health care providers in 20070S0052B0074 - 13 -
1 the relevant geographic service area, by provider type and 2 specialty. 3 (6) In the case of a petition seeking approval of joint 4 negotiations regarding one or more fee or fee-related terms, 5 a statement of the reasons why the health care insurer has 6 substantial market power over the health care providers. 7 (7) A statement of the procompetitive and other benefits 8 of the proposed negotiations. 9 (8) The health care provider's joint negotiation 10 representative's plan of operation and procedures to ensure 11 compliance with this act. 12 (9) Such other data, information and documents that the 13 petitioners desire to submit in support of their petition. 14 (b) Petition for approval of modification of joint 15 negotiations.--The health care providers shall supplement a 16 petition under subsection (a) as new information becomes 17 available that indicates that the subject matter of the proposed 18 negotiations with the health care insurer has or will materially 19 change and must obtain the Attorney General's approval of 20 material changes. The petition seeking approval shall include: 21 (1) The Attorney General's file reference for the 22 original petition for approval of joint negotiations. 23 (2) The proposed new subject matter. 24 (3) The information required by subsection (a)(6) and 25 (7) with respect to the proposed new subject matter. 26 (4) Such other data, information and documents that the 27 health care providers desire to submit in support of their 28 petition. 29 (c) Petition for approval of provider contract terms.--No 30 provider contract terms negotiated under this act shall be 20070S0052B0074 - 14 -
1 effective until the terms are approved by the Attorney General. 2 The petition seeking approval shall be jointly submitted by the 3 health care providers and the health care insurer who are 4 parties to the contract. The petition shall include: 5 (1) The Attorney General's file reference for the 6 original petition for approval of joint negotiations. 7 (2) The negotiated provider contract terms. 8 (3) A statement of the procompetitive and other benefits 9 of the negotiated provider contract terms. 10 (4) Such other data, information and documents that the 11 health care providers desire to submit in support of their 12 petition. 13 (d) Resumption of negotiations.--Joint negotiations approved 14 under this act may continue until the health care insurer 15 notifies the joint negotiation representative for the health 16 care providers that it declines to negotiate or is terminating 17 negotiations. If the health care insurer notifies the joint 18 negotiation representative for health care providers that it 19 desires to resume negotiations within 60 days of the end of 20 prior negotiations, the health care providers may renew the 21 previously approved negotiations without obtaining a separate 22 approval of the renewal from the Attorney General. 23 Section 8. Attorney General determinations. 24 (a) Time period for review.--The Office of Attorney General 25 shall either approve or disapprove a petition under section 7 26 within 30 days after the filing. If disapproved, the Attorney 27 General shall furnish a written explanation of any deficiencies 28 along with a statement of specific remedial measures as to how 29 such deficiencies may be corrected. 30 (b) Standards for reviewing petitions.-- 20070S0052B0074 - 15 -
1 (1) The Office of Attorney General shall approve a 2 petition under section 7(a) and (b) if: 3 (i) The procompetitive and other benefits of the 4 joint negotiations outweigh any anticompetitive effects. 5 (ii) In the case of a petition seeking approval to 6 jointly negotiate one or more fee or fee-related terms, 7 the health care insurer has substantial market power over 8 the health care providers. 9 (2) The Office of Attorney General shall approve a 10 petition under section 7(c) if: 11 (i) The procompetitive and other benefits of the 12 contract terms outweigh any anticompetitive effects. 13 (ii) The contract terms are consistent with other 14 applicable laws and regulations. 15 (3) The procompetitive and other benefits of joint 16 negotiations or negotiated provider contract terms may 17 include: 18 (i) Restoration of the competitive balance in the 19 market for health care services. 20 (ii) Protections for access to quality patient care. 21 (iii) Promotion of the health care infrastructure 22 and medical advancement. 23 (iv) Improved communications between health care 24 providers and health care insurers. 25 (4) When weighing the anticompetitive effects of 26 provider contract terms, the Attorney General may consider 27 whether the terms: 28 (i) provide for excessive payments; or 29 (ii) contribute to the escalation of the cost of 30 providing health care services. 20070S0052B0074 - 16 -
1 (c) Supplemental information.--For the purpose of enabling 2 the Attorney General to make the findings and determinations 3 required by this section, the Attorney General may require the 4 submission of such supplemental information as it may deem 5 necessary or proper to enable him to reach a determination. 6 Section 9. Notice and comment. 7 (a) Notice to health insurer.--In the case of a petition 8 under section 7(a) or (b), the Attorney General shall notify the 9 health insurer of the petition and provide the insurer with the 10 opportunity to submit written comments within a specified time 11 frame that does not extend beyond the date on which the Attorney 12 General is required to act on the petition. 13 (b) Public notice not required.-- 14 (1) Except as provided in subsection (a), the Attorney 15 General shall not be required to provide public notice of a 16 petition under section 7(a), (b) or (c) to hold a public 17 hearing on the petition or to otherwise accept public comment 18 on the petition. 19 (2) The Attorney General may, at his discretion, publish 20 notice of a petition for approval of provider contract terms 21 in the Pennsylvania Bulletin and receive written comments 22 from interested persons, so long as the opportunity for 23 public comment does not prevent the Attorney General from 24 acting on the petition within the time period set forth in 25 this act. 26 Section 10. Attorney General proceedings and appellate review. 27 (a) Request for hearing.--Within 30 days from the mailing of 28 a notice of disapproval of a petition under section 7, the 29 petitioners may make a written application to the Attorney 30 General for a hearing. 20070S0052B0074 - 17 -
1 (b) Hearing to be conducted.--Upon receipt of a timely 2 written application for a hearing, the Attorney General shall 3 schedule and conduct a hearing as provided for in 2 Pa.C.S. Ch. 4 5 Subch. A (relating to practice and procedure of Commonwealth 5 agencies) and Ch. 7 Subch. A (relating to judicial review of 6 Commonwealth agency action). The hearing shall be held within 30 7 days of the application unless the petitioner seeks an 8 extension. 9 (c) Mandamus action.--If the Attorney General does not issue 10 a written approval or disapproval of a petition under section 7 11 within the required time period, the parties to the petition 12 shall have the right to petition the Commonwealth Court for a 13 mandamus order requiring the Attorney General to approve or 14 disapprove the petition. 15 (d) Parties to proceedings.--The sole parties with respect 16 to any petition under section 7 shall be the petitioners and the 17 Attorney General. Notwithstanding any otherwise applicable 18 provision of 2 Pa.C.S. Ch. 5 Subch. A and Ch. 7 Subch. A, the 19 Attorney General shall not be required to treat any other person 20 as a party and no other person shall be entitled to appeal the 21 Attorney General's determination. 22 Section 11. Confidentiality and disclosure. 23 (a) General rule.--All information, documents and copies 24 thereof obtained by or disclosed to the Attorney General or any 25 other person in a petition under section 7 or pursuant to a 26 request for supplemental information under section 8(c) shall be 27 given confidential treatment, shall not be subject to subpoena 28 and shall not be made public or otherwise disclosed by the 29 Attorney General or any other person without the written consent 30 of the petitioners to whom the information pertains, except as 20070S0052B0074 - 18 -
1 provided in subsection (b). 2 (b) Exceptions.-- 3 (1) In the case of a petition under section 7(a) or (b), 4 the Attorney General may disclose the information required to 5 be submitted pursuant to section 7(a)(1) through (4) and 6 (b)(1) and (2). 7 (2) The Attorney General may disclose provider contracts 8 negotiated under this act provided that the Attorney General 9 removes or redacts those provider contract provisions that 10 contain payment rates and fees. The Attorney General may 11 disclose payment rates and fees to the Insurance 12 Commissioner, the insurance department of another state, a 13 law enforcement official of this Commonwealth or any other 14 state or agency of the Federal Government, so long as the 15 agency or office receiving the information agrees in writing 16 to hold it confidential and in a manner consistent with this 17 act. 18 Section 12. Good faith negotiations. 19 A health care insurer shall negotiate in good faith with 20 health care providers regarding the terms of provider contracts. 21 Section 13. Construction. 22 Nothing contained in this act shall be construed: 23 (1) To prohibit or restrict activity by health care 24 providers that is sanctioned under Federal or State laws. 25 (2) To prohibit or require governmental approval of or 26 otherwise restrict activity by health care providers that is 27 not prohibited under the Federal antitrust laws. 28 (3) To require approval of provider contracts terms to 29 the extent that the terms are exempt from State regulation 30 under section 514 of the Employee Retirement Income Security 20070S0052B0074 - 19 -
1 Act of 1974 (Public Law 93-406, 88 Stat. 829). 2 (4) To expand a health care provider's scope of practice 3 or to require a health care insurer to contract with any type 4 or specialty of health care providers. 5 Section 14. Exclusions. 6 Nothing contained in this act shall authorize joint 7 negotiations regarding health care services covered under the 8 following insurance policies or coverage programs: 9 (1) Workers' compensation. 10 (2) Medical payment coverage issued as part of a motor 11 vehicle insurance policy. 12 (3) Medicare supplemental. 13 (4) Civilian Health and Medical Program of the Uniformed 14 Services (CHAMPUS). 15 (5) Accident only. 16 (6) Specified disease. 17 (7) Long-term care insurance. 18 (8) Disability insurance. 19 (9) Credit insurance. 20 Section 15. Regulations. 21 The Attorney General may promulgate such regulations as are 22 reasonably necessary to implement the purposes of this act. 23 Section 28. Repeals. 24 All acts and parts of acts are repealed insofar as they are 25 inconsistent with this act. 26 Section 29. Effective date. 27 This act shall take effect in 60 days. L18L40MSP/20070S0052B0074 - 20 -