[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2857 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 2857

 To direct the Assistant Secretary for Planning and Evaluation of the 
 Department of Health and Human Services to conduct an annual study on 
     health care competition and consolidation at the State level.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 25, 2023

 Mrs. Spartz introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To direct the Assistant Secretary for Planning and Evaluation of the 
 Department of Health and Human Services to conduct an annual study on 
     health care competition and consolidation at the State level.

    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 ``Measuring State Healthcare Freedom 
Act''.

SEC. 2. ANNUAL STUDY ON HEALTH CARE COMPETITION AND CONSOLIDATION AT 
              STATE LEVEL.

    (a) In General.--Over each of the 10 years following the date of 
enactment of this Act, the Assistant Secretary for Planning and 
Evaluation of the Department of Health and Human Services (in this 
section referred to as the ``Assistant Secretary'') shall conduct a 
study on health care competition and consolidation at the State level.
    (b) Consultation.--In conducting the study under this section, the 
Assistant Secretary shall consult with the Chair of the Federal Trade 
Commission and the Assistant Attorney General in charge of the 
Antitrust Division of the Department of Justice.
    (c) Obtaining Data.--The Assistant Secretary may secure from the 
Federal Trade Commission information necessary to enable the Assistant 
Secretary to carry out subsection (d)(2). Upon request of the Assistant 
Secretary, the Chair of the Federal Trade Commission shall furnish that 
information to the Assistant Secretary.
    (d) Metrics.--The study under this section shall include data 
collection on each of the following:
            (1) Licensing requirements for doctors, nurses, and other 
        health care practitioners, including requirements with respect 
        to--
                    (A) initial licensure;
                    (B) ongoing maintenance of licensure;
                    (C) specific training and postgraduate and 
                continuing medical education;
                    (D) residency supervisory requirements; and
                    (E) board certification.
            (2) Mergers and acquisitions (both vertical and 
        horizontal), involving--
                    (A) hospitals;
                    (B) ambulatory or outpatient practices;
                    (C) ambulatory surgical centers;
                    (D) health insurance providers;
                    (E) habilitative service providers (such as 
                providers of physical therapy or occupational therapy); 
                and
                    (F) telehealth.
            (3) The number of--
                    (A) State laws establishing a legal mechanism by 
                which a State approves mergers between or among two or 
                more hospitals (commonly referred to as ``certificates 
                of public advantage''); and
                    (B) State laws establishing a legal mechanism for 
                regulating the growth of construction of new health 
                care facilities (commonly referred to as ``certificates 
                of need'').
            (4) The availability of alternative forms of health 
        insurance coverage, including--
                    (A) short-term limited duration insurance (as 
                defined for purposes of section 2791(b)(5) of the 
                Public Health Service Act (42 U.S.C. 300gg-91(b)(5))); 
                and
                    (B) association health plans (including plans 
                offered through the American Farm Bureau Federation).
            (5) The number of each of the following in operation at the 
        start and the end of each year covered by the 10-year study 
        period:
                    (A) Hospitals.
                    (B) Medical practices.
                    (C) Ambulatory or outpatient practices.
                    (D) Ambulatory surgical centers.
                    (E) Health insurance providers.
                    (F) Habilitative service providers.
            (6) The Herfindahl-Hirschman Index, within geographic areas 
        defined by the Assistant Secretary in consultation with the 
        Bureau of Competition of the Federal Trade Commission, for the 
        following health care services:
                    (A) General acute care hospital services.
                    (B) Ambulatory or outpatient medical services, 
                disaggregated by medical specialty.
                    (C) Habilitative services.
    (e) Annual Reports.--
            (1) In general.--Not later than the end of each of the 10 
        years referred to in subsection (a), the Assistant Secretary 
        shall submit to the Committee on Energy and Commerce and the 
        Committee on Ways and Means of the House of Representatives and 
        the Committee on Finance and the Committee on Health, 
        Education, Labor, and Pensions of the Senate a report on the 
        status and results of the study under this section.
            (2) Publication; publicly accessible datasets.--Not later 
        than the end of each of the 10 years referred to in subsection 
        (a), the Assistant Secretary shall--
                    (A) publish on the website of the Office of the 
                Assistant Secretary the report submitted under 
                paragraph (1) for the respective year; and
                    (B) make the data collected through the study under 
                this section available to the public on such website in 
                a manner that is publicly accessible and interactive.
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