To direct the Secretary of Health and Human Services and the Attorney General to provide exemptions of certain provisions of antitrust law for activities of providers of health care services conducted under joint ventures, and for other purposes.
Health Care Cooperative Antitrust Protection Act of 1993 - Directs the Secretary of Health and Human Services to promulgate guidelines under which a health care joint venture may submit an application requesting that the Secretary provide the entities participating in the venture with an exemption under which: (1) monetary recovery on an antitrust claim brought against the entity shall be limited to actual damages if specified conditions are met and the conduct of the entity in making or performing a contract to carry out the venture shall not be deemed illegal per se; or (2) the antitrust laws shall not apply to conduct within the scope of the venture for a five-year period.
Requires the Secretary to approve or disapprove the application within a specified time frame and, with respect to a disapproval, to provide a statement explaining the reasons for such disapproval.
Directs the Secretary and the Attorney General to approve the application if: (1) in the case of a venture seeking the five-year exemption, the Secretary finds that such venture meets specified criteria, such as promoting enhancement of the quality of health care services to individuals residing in the geographic area served by the participating entities, preserving meaningful competition among health care providers, reducing costs or increasing efficiency, improving utilization of services, and eliminating costly and unnecessary duplication in the delivery of health care services in such area; and (2) an entity participating in the venture submits to the Secretary, the Attorney General, and the Interagency Advisory Committee on Competition, Antitrust Policy, and Health Care (created by this Act) an application that contains the identities of the parties to the venture; the nature, objectives, and planned activities of the venture; and specified assurances and information.
Sets forth provisions regarding: (1) revocation and renewal of exemptions, and withdrawal of an application; and (2) requirements relating to notice and publication of exemptions.
Establishes the Advisory Committee to: (1) discuss and evaluate competition and antitrust policy and their implications regarding the performance of health care markets; (2) analyze the effectiveness of health care joint ventures receiving exemptions in reducing costs and expanding access; and (3) make recommendations to the Congress.
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the House Committee on Judiciary.
Referred to the Subcommittee on Economic and Commercial Law.
Referred to the Subcommittee on Health and the Environment.
See H.R.3600.
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