[Congressional Record (Bound Edition), Volume 157 (2011), Part 4]
[Extensions of Remarks]
[Page 5575]
[From the U.S. Government Publishing Office, www.gpo.gov]




             THE QUALITY HEALTH CARE COALITION ACT OF 2011

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                        Thursday, April 7, 2011

  Mr. CONYERS. Mr. Speaker, today I am pleased to introduce H.R. 1409, 
the ``Quality Health Care Coalition Act of 2011.'' This bill will 
strengthen patient safety and quality of care by clarifying the 
application of the antitrust laws to negotiations between groups of 
health care professionals and health plans and health care insurance 
issuers.
  Currently, the insurance industry, including health care insurance 
companies, is immune from federal antitrust laws under the McCarran-
Ferguson Act. In contrast, health care providers can presently be 
prohibited from collectively negotiating against insurance companies. 
Accordingly, the playing field is terribly unbalanced.
  At a hearing the House Committee on the Judiciary held last Congress 
on the disparate treatment of physicians and health insurers by the 
antitrust enforcement agencies, I heard troubling testimony revealing 
that health care providers find themselves in an untenable situation. 
On the one hand, they are directed to find new efficiencies and 
coordinate care with other providers. On the other hand, they risk 
running afoul of the antitrust laws if they coordinate too closely.
  To level the playing field, I am pleased to join Rep. Ron Paul (R-TX) 
in introducing bipartisan legislation to allow health care providers 
the ability to collectively negotiate against insurance companies. The 
Quality Health Care Coalition Act of 2011 will give health care 
providers the ability to collectively negotiate contractual terms with 
insurers, including provisions that affect the quality of patient care.
  By balancing the playing field between health care professionals and 
insurance companies, this legislation will help improve quality of 
patient care.


                      PRIOR CONGRESSIONAL ACTIVITY

  In 2000, the House passed H.R. 1304, the Quality Healthcare Coalition 
Act of 1999) that Rep. Tom Campbell (R-CA) and I co-sponsored. H.R. 
1304, which is similar to the bill that I am introducing today, would 
have created a limited antitrust exemption for physician collective 
bargaining, putting health care professionals on the same footing as 
other collective bargaining units immunized under the National Labor 
Relations Act. The bill passed the House by a vote of 276-136, but was 
blocked in the Senate. Similar legislation was introduced in the 107th 
(H.R. 3897) and 108th (H.R. 1120) Congresses, but were never voted on 
by the House.

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