[Congressional Record Volume 148, Number 24 (Thursday, March 7, 2002)]
[Extensions of Remarks]
[Page E293]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                THE HEALTH CARE IMPROVEMENTS ACT OF 2002

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                        Thursday, March 7, 2002

  Mr. CONYERS. Mr. Speaker, I am pleased to introduce, along with 
Congressman Barr, the Health Care Improvement Act of 2002. This is the 
successor legislation to the Campbell/Conyers bill from last Congress, 
which passed the House by an overwhelming 276-136 vote. We have drafted 
a more narrow legislative response this Congress in the hope that the 
bill will be more likely to move in the Senate.
  The legislation responds to two alarming anti-consumer trends--the 
ever increasing level of concentration among health insurers and 
exclusionary contracting practices by health insurance companies. The 
last five years have seen a massive consolidation in the health 
insurance and managed care market as more than a dozen health insurance 
competitors have been eliminated through mergers and acquisitions.
  The dangers posed by this ever increasing market concentration are 
exacerbated by the practice of health insurers engaging in heavy-handed 
negotiating tactics and requiring exclusionary contractual commitments 
from health care providers. Such restrictive contractual terms are 
frequently proffered on a ``take it or leave it'' basis to health care 
providers, under the threat of the loss of the provider's patients or 
exclusion from their access to other patients.
  Our legislation responds to the problem by allowing physicians or 
other health care professional to collectively negotiate with a health 
plan over contractual terms or plan policies. Presently, joint 
negotiations with a health plan by physicians or other health care 
professionals who are not financially integrated are illegal per se 
under the federal antitrust laws if they involve fees or prices. Under 
this legislation, such activities would be subject to review based on a 
more liberal ``rule of reason'' analysis, which could take quality of 
health care into account.
  I have taken a particular interest in this legislation because of the 
unfairness of the current market situation on African American doctors. 
I am aware of a number of incidents in Detroit and around the country 
of minority physicians being threatened that they will lose all of 
their business unless they enter into one-sided service contracts. This 
bill gives physicians the ability to respond to these abuses on a 
collective basis.
  The legislation is strongly supported by a wide array of health care 
professional and trade organizations, including several speaking today.

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