,i #aacth ,,congress #b;d ,session ,h4 ,r4 #djgg ,,in ,,the ,,house ,,of ,,representatives ,february #be1 #bjad ,mr4 ,conyers 7for himself and ,mr4 ,benishek7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to ensure and foster continued 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 issuers4 #a4 ,short title ,this ,act may be cited as the ,quality ,health ,care ,coalition ,act of #bjad4 #b4 ,application of the ,federal antitrust laws to health care professionals negotiating with health plans 7a7 ,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 shall1 in connection with such negotiations1 be exempt from the ,federal antitrust laws4 7b7 ,limitation 7#a7 ,no new right for collective cessation of service ,the exemption provided in subsection 7a7 shall not confer any new right to participate in any collective cessation of service to patients not already permitted by existing law4 7#b7 ,no change in ,national ,labor ,relations ,act ,this section applies only to health care professionals excluded from the ,national ,labor ,relations ,act4 ,nothing in this section shall be construed as changing or amending any provision of the ,national ,labor ,relations ,act1 or as affecting the status of any group of persons under that ,act4 7c7 ,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 following3 7#a7 ,the ,medicare ,program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq474 7#b7 ,the ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq474 7#c7 ,the ,,schip program under title ,,xxi of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;aa et seq474 7#d7 ,chapter #ee of title #aj1 ,united ,states ,code 7relating to medical and dental care for members of the uniformed services74 7#e7 ,chapter #ag of title #ch1 ,united ,states ,code 7relating to ,veterans' medical care74 7#f7 ,chapter #hi of title #e1 ,united ,states ,code 7relating to the ,federal employees' health benefits program74 7#g7 ,the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afja et seq474 #c4 ,definitions ,in this ,act1 the following definitions shall apply3 7#a7 ,antitrust laws ,the term antitrust laws-- 7,a7 has the meaning given it in subsection 7a7 of the first section of the ,clayton ,act 7#ae ,u4,s4,c4 #ab7;a771 except that such term includes section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 to the extent such section applies to unfair methods of competition2 and 7,b7 includes any ,state law similar to the laws referred to in subparagraph 7,a74 7#b7 ,group health plan ,the term group health plan means an employee welfare benefit plan to the extent that the plan provides medical care 7including items and services paid for as medical care7 to employees or their dependents 7as defined under the terms of the plan7 directly or through insurance1 reimbursement1 or otherwise4 7#c7 ,group health plan1 health insurance issuer ,the terms group health plan and health insurance issuer include a third-party administrator or other person acting for or on behalf of such plan or issuer4 7#d7 ,health care services ,the term health care services means any services for which payment may be made under a health plan1 including services related to the delivery or administration of such services4 7#e7 ,health care professional ,the term health care professional means any individual or entity that provides health care items or services1 treatment1 assistance with activities of daily living1 or medications to patients and who1 to the extent required by ,state or ,federal law1 possesses specialized training that confers expertise in the provision of such items or services1 treatment1 assistance1 or medications4 7#f7 ,health insurance coverage ,the term health insurance coverage means benefits consisting of medical care 7provided directly1 through insurance or reimbursement1 or otherwise and including items and services paid for as medical care7 under any hospital or medical service policy or certificate1 hospital or medical service plan contract1 or health maintenance organization contract offered by a health insurance issuer4 7#g7 ,health insurance issuer ,the term health insurance issuer means an insurance company1 insurance service1 or insurance organization 7including a health maintenance organization7 that is licensed to engage in the business of insurance in a ,state and that is subject to ,state law regulating insurance4 ,such term does not include a group health plan4 7#h7 ,health maintenance organization ,the term health maintenance organization means-- 7,a7 a federally qualified health maintenance organization 7as defined in section #acja7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;e7a7772 7,b7 an organization recognized under ,state law as a health maintenance organization2 or 7,c7 a similar organization regulated under ,state law for solvency in the same manner and to the same extent as such a health maintenance organization4 7#i7 ,health plan ,the term health plan means a group health plan or a health insurance issuer that is offering health insurance coverage4 7#aj7 ,medical care ,the term medical care means amounts paid for-- 7,a7 the diagnosis1 cure1 mitigation1 treatment1 or prevention of disease1 or amounts paid for the purpose of affecting any structure or function of the body2 and 7,b7 transportation primarily for and essential to receiving items and services referred to in subparagraph 7,a74 7#aa7 ,person ,the term person includes a ,state or unit of local government4 7#ab7 ,state ,the term ,state includes the several ,states1 the ,district of ,columbia1 ,puerto ,rico1 the ,virgin ,islands of the ,united ,states1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 #d4 ,effective date ,this ,act shall take effect on the date of the enactment of this ,act and shall not apply with respect to conduct occurring before such date4