Bill Text: CA SB538 | 2017-2018 | Regular Session | Amended
Bill Title: Hospital contracts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-06-26 - June 26 hearing postponed by committee. [SB538 Detail]
Download: California-2017-SB538-Amended.html
Amended
IN
Assembly
June 11, 2018 |
Amended
IN
Senate
May 26, 2017 |
Amended
IN
Senate
May 02, 2017 |
Amended
IN
Senate
April 17, 2017 |
Amended
IN
Senate
March 23, 2017 |
Senate Bill | No. 538 |
Introduced by Senator Monning |
February 16, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Health Care Market Fairness Act ofSEC. 2.
The Legislature finds and declares all of the following:SEC. 3.
Section 513 is added to the Business and Professions Code, to read:513.
(a) A contract between a hospital or any affiliate of a hospital and a contracting agent shall not, directly or indirectly, do any of the following:(4)Require the contracting agent, as a condition to entering into the contract with the hospital or continuing the contract on its then current terms, to submit to arbitration, or any other alternative dispute resolution program, any claims or causes of action that arise under state or federal antitrust laws. This paragraph does not prohibit a hospital or any affiliate of a hospital and a contracting agent from entering into a consensual agreement to submit those claims or causes of action to arbitration or any other alternative dispute resolution program, other than as a
condition to entering into the contract or continuing the contract on its then current terms.
(5)
(6)
SEC. 4.
Section 1268.9 is added to the Health and Safety Code, to read:1268.9.
(a) A contract between a hospital or any affiliate of a hospital and a contracting agent shall not, directly or indirectly, do any of the following:(4)Require the contracting agent, as a condition to entering into the contract with the hospital or continuing the contract on its then current terms, to submit to arbitration, or any other alternative dispute resolution program, any claims or causes of action that arise under state or federal antitrust laws. This paragraph does not prohibit a hospital or any affiliate of a hospital and a contracting agent from entering into a consensual agreement to submit those claims or causes of action to arbitration or any other alternative dispute resolution program, other than as a condition
to entering into the contract or continuing the contract on its then current terms.
(5)
(6)
SEC. 5.
Section 1367.32 is added to the Health and Safety Code, to read:1367.32.
(a) A contract between a hospital or any affiliate of a hospital and a health care service plan shall not, directly or indirectly, do any of the following:(4)Require the health care service plan, as a condition to entering into the contract with the hospital or continuing the contract on its then current terms, to submit to arbitration, or any other alternative dispute resolution program, any claims or causes of action that arise under state or federal antitrust laws. This paragraph does not prohibit a hospital or any affiliate of a hospital and a health care service plan from entering into a consensual agreement to submit those claims or causes of action to arbitration or any other dispute
resolution program, other than as a condition to entering into the contract or continuing the contract on its then current terms.
(5)
(6)
SEC. 6.
Section 10133.57 is added to the Insurance Code, immediately following Section 10133.56, to read:10133.57.
(a) A contract between a hospital or any affiliate of a hospital and a health insurer shall not, directly or indirectly, do any of the following:(4)Require the health insurer, as a condition to entering into the contract with the hospital or continuing the contract on its then current terms, to submit to arbitration, or any other alternative dispute resolution program, any claims or causes of action that arise under state or federal antitrust laws. This paragraph does not prohibit a hospital or any affiliate of a hospital and a health insurer from
entering into a consensual agreement to submit those claims or causes of action to arbitration or any other alternative dispute resolution program, other than as a condition to entering into the contract or continuing the contract on its then current terms.
(5)
(6)