On January 6, two Michigan Congressmen – Representative
John Conyers (D-Mich) and Representative Dan Benishek (R-Mich)
– introduced the "Quality Health Care Coalition Act of
2015." The bill (H.R. 105) would permit independent healthcare
professionals to engage in joint negotiations with health insurers
over fees and other contract terms. Currently, such conduct raises
significant antitrust risk – i.e., claims of price fixing -
under Section 1 of the Sherman Act.
Representative Conyers has introduced similar legislation numerous
times in the past. Most recently, last year Representative Conyers
partnered with Representative Benishek on similar legislation (H.R.
4077) in the 113th Congress, but that legislation failed to get
enacted. When introducing that legislation, Representative Conyers
stated that it would "allow physicians to negotiate with
insurers on a level playing field," and Representative
Benishek stated that the legislation would "improve patient
care and lower healthcare costs."
Notably, Representative Benishek, who is also a physician, also
signed on as a cosponsor to legislation that was recently
introduced by Representative Paul Gosar that would repeal the
health insurance industry's antitrust exemption. Representative
Gosar was a practicing dentist for many years. That legislation,
the "Competitive Health Insurance Reform Act of 2015"
(H.R. 494) has also been viewed – at least by Representatives
Conyers, Benishek and Gosar – as a mean of "leveling the
playing field" between health insurers and healthcare
providers.
Both H.R. 105 and H.R. 494 have been referred to the House
Judiciary Committee for further action. Despite the fact that the
legislation has support on both sides of the aisle, the prospects
for passage of either bill are unclear at this time.
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