H.R.1946 - Preserving Our Hometown Independent Pharmacies Act of 2011

To ensure and foster continued safety and quality of care and a competitive marketplace by exempting independent pharmacies from the antitrust laws in their negotiations with health plans and health insurance insurers. view all titles (2)

All Bill Titles

  • Official: To ensure and foster continued safety and quality of care and a competitive marketplace by exempting independent pharmacies from the antitrust laws in their negotiations with health plans and health insurance insurers. as introduced.
  • Short: Preserving Our Hometown Independent Pharmacies Act of 2011 as introduced.

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Introduced
 
House
Passes
 
Senate
Passes
 
President
Signs
 

 
05/23/11
 
 
 
 
 
 
 

Sponsor

Representative

Tom Marino

R-PA

View Co-Sponsors (40)

Official Summary

Preserving Our Hometown Independent Pharmacies Act of 2011 - Treats independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services the same under the antitrust laws as an employee engaged in concerted activities, and not as an employe

Official Summary

Preserving Our Hometown Independent Pharmacies Act of 2011 - Treats independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services the same under the antitrust laws as an employee engaged in concerted activities, and not as an employer, independent contractor, managerial employee, or supervisor, only 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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Organizations Supporting H.R.1946

  • National Community Pharmacists Association
  • Texas Pharmacy Business Council
  • Association of Community Pharmacists Congressional Network

Organizations Opposing H.R.1946

  • Federal Trade Commission
  • American Benefits Council


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