Community Pharmacy Fairness Act of 2007

A bill to ensure and foster continued patient safety and quality of care by making the antitrust laws apply to negotiations between groups of independent pharmacies and health plans and health insurance issuers in the same manner as such laws apply to collective bargaining by labor organizations under the National Labor Relations Act.

3/14/2007--Introduced.
Community Pharmacy Fairness Act of 2007 - Entitles independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services to the same treatment under the antitrust laws as the treatment to which bargaining units recognized under the National Labor Relations Act are entitled. Treats such a pharmacy as an employee engaged in concerted activities in connection with such negotiations. Exempts actions taken in good faith reliance on this Act from being subject under the antitrust laws to criminal sanctions or civil penalties beyond actual damages incurred. Confers no new right to participate in any collective cessation of service to patients not already permitted by existing law. Prohibits:
(1) exempting from the antitrust laws any agreement or otherwise unlawful conspiracy that excludes, limits the participation or reimbursement of, or otherwise limits the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation; and
(2) applying this Act to negotiations between independent pharmacies and health plans pertaining to federal health benefits.


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Sponsor

• Sen. John Isakson [R, GA]
• and 1 Co-Sponsors
  • Sen. Tim Johnson [D, SD]
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Committees

• Senate Judiciary

Amendments

This bill has no amendments.

Amendments to S.885

Number	Status	Purpose

Bill Status

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Introduced		Voted on by Senate		Voted on by House		Considered By President		Bill Becomes Law
March 14, 2007

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All Bill Actions

• Mar 14, 2007: Read twice and referred to the Committee on the Judiciary.
• Introduced on Mar 14, 2007.

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Related Bills:

• H.R.971
• S.2161

Related Issue Areas:

• Law
• Antitrust law
• Business
• Consumers
• 12 more
• Contracts
• Employee health benefits
• Finance
• Health insurance
• Health maintenance organizations
• Health policy
• Labor
• Medical care
• Medicine
• Pharmacies
• Prescription pricing
• Restrictive trade practices

Data from the Congressional Research Service

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Blog Coverage

July 28, 2008 Quo Vadis Deutschland?

23 findet sich schriftlich dargelegt im Bundesgesetzblatt vom 23.09.1990, S. 885 und 890. Gleichzeitig ist damit die Übergangslösung BRD seit 18. Juli 1990 um 0.00 Uhr erloschen und der alte verfassungsrechtliche Status des Deutschen ...

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October 22, 2007 FTC Opposes Antitrust Exemption for Pharmacies This posting was ...

Companion legislation has been introduced in the Senate (S. 885). License to Engage in Price Fixing, Boycotts? David Wales, deputy director of the FTC’s Bureau of Competition, clearly stated the Commission’s opposition to the ...

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