H.R.1839 - Community Pharmacy Fairness Act of 2011
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 (including health plans under parts C and D of the Medicare Program) in the same manner as such laws apply to protected activities under the National Labor Relations Act. view all titles (2)
All Bill Titles
- Short: Community Pharmacy Fairness Act of 2011 as introduced.
- Official: 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 (including health plans under parts C and D of the Medicare Program) in the same manner as such laws apply to protected activities under the National Labor Relations Act. as introduced.
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Official Summary
5/11/2011--Introduced.Community Pharmacy Fairness Act of 2011 - 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 recogniOfficial Summary
5/11/2011--Introduced.Community Pharmacy Fairness Act of 2011 - 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 to criminal sanctions or civil penalties beyond actual damages incurred. Provides that this Act does not exempt from application of antitrust laws any agreement or unlawful conspiracy that:(1) would have the effect of boycotting any independent pharmacy;
(2) would exclude, limit the participation or reimbursement of, or otherwise limit 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;
(3) allocates a market among competitors;
(4) unlawfully ties the sale or purchase of one product or service to the sale or purchase of another product or service; or
(5) monopolizes or attempts to monopolize a market. Provides that this Act shall not apply to negotiations between pharmacies and health plans regarding benefits provided under specified federal programs, including Medicaid, veterans' medical care, and the federal employees' health benefits program. Requires the Comptroller General to study the impact of this Act after five years.Provides that this Act does not preclude the Federal Trade Commission (FTC) or the Department of Justice (DOJ) from overseeing the conduct of independent pharmacies covered under this Act.
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Recent Blog Coverage
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Subcommittee on Rural Development, Entrepreneurship and Trade consideration of HR 1839: Retired Executives Building Better Businesses Act of 2009 at the Markup on Entrepreneurial Development Programs Legislation ...
Govt to expand micro-enterprise program | Entrepreneur
Subcommittee on Rural Development, Entrepreneurship and Trade consideration of HR 1839: Retired Executives Building Better Businesses Act of 2009 at the Markup on Entrepreneurial Development Programs Legislation ...

U.S. Congress - H.R.1839 Community Pharmacy Fairness Act of 2011



