AN ACT CONCERNING APPLICATION OF THE STATE'S ANTITRUST LAWS TO HOSPITAL MERGERS AND ACQUISITIONS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 35-28 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(a) Without limiting section 35-26, every contract, combination, or conspiracy is unlawful when the same are for the purpose, or have the effect, of: [a] (1) Fixing, controlling, or maintaining prices, rates, quotations, or fees in any part of trade or commerce; [b] (2) fixing, controlling, maintaining, limiting, or discontinuing the production, manufacture, mining, sale, or supply of any part of trade or commerce; [c] (3) allocating or dividing customers or markets, either functional or geographical, in any part of trade or commerce; or [d] (4) refusing to deal, or coercing, persuading, or inducing third parties to refuse to deal with another person.

(b) A merger, acquisition or combination of merger and acquisition involving two or more hospitals, as defined in section 19a-490, shall be unlawful unless each hospital that is a party to such merger, acquisition or combination of merger and acquisition demonstrates to the satisfaction of the Office of Healthcare Access and the office of the Attorney General that such merger, acquisition or combination of merger and acquisition shall not lessen competition among hospitals nor increase prices for inpatient and outpatient services.

Statement of Purpose:

To ensure that consumer access to health care is not adversely impacted by hospital mergers and acquisitions.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]