US Congress House Bill 1946 (Prior Session Legislation)

---

Spectrum: Slight Partisan Bill (Republican 29-12)
Status: Introduced on May 23 2011 - 25% progression, died in chamber
Action: 2012-03-29 - Subcommittee Hearings Held.
Text: Latest bill text (Introduced) [PDF]

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.

Preserving Our Hometown Independent Pharmacies Act of 2011

Rep. Tom Marino [R-PA]	Rep. Robert Aderholt [R-AL]	Rep. Robert Andrews [D-NJ]	Rep. Spencer Bachus [R-AL]
Rep. Lou Barletta [R-PA]	Rep. Roscoe Bartlett [R-MD]	Rep. Timothy Bishop [D-NY]	Rep. Dan Boren [D-OK]
Rep. Leonard Boswell [D-IA]	Rep. G. Butterfield [D-NC]	Sen. Shelley Capito [R-WV]	Rep. Howard Coble [R-NC]
Rep. Eric Crawford [R-AR]	Rep. Renee Ellmers [R-NC]	Rep. Jo Emerson [R-MO]	Rep. Michael Fitzpatrick [R-PA]
Rep. Jeff Fortenberry [R-NE]	Rep. Jim Gerlach [R-PA]	Rep. Louie Gohmert [R-TX]	Rep. Jaime Herrera Beutler [R-WA]
Rep. Ruben Hinojosa [D-TX]	Rep. Walter Jones [R-NC]	Rep. Larry Kissell [D-NC]	Rep. Frank Lucas [R-OK]
Rep. Mike McIntyre [D-NC]	Rep. Cathy McMorris Rodgers [R-WA]	Rep. Michael Michaud [D-ME]	Rep. Steven Palazzo [R-MS]
Rep. Ron Paul [R-TX]	Rep. Ed Perlmutter [D-CO]	Rep. Todd Platts [R-PA]	Rep. Bill Posey [R-FL]
Rep. Martha Roby [R-AL]	Rep. Mike D. Rogers [R-AL]	Rep. Dennis Ross [R-FL]	Rep. Adam Schiff [D-CA]
Rep. Austin Scott [R-GA]	Rep. Adrian Smith [R-NE]	Sen. Peter Welch [D-VT]	Rep. Lynn Westmoreland [R-GA]
Sen. Todd Young [R-IN]

Date	Chamber	Action
2012-03-29	House	Subcommittee Hearings Held.
2011-07-11	House	Referred to the Subcommittee on Intellectual Property, Competition and the Internet.
2011-05-23	House	Referred to the House Committee on the Judiciary.

HB1839 (Related) 2011-08-25 - Referred to the Subcommittee on Intellectual Property, Competition and the Internet.

Type	Source
Summary	https://www.congress.gov/bill/112th-congress/house-bill/1946/all-info
Text	https://www.congress.gov/112/bills/hr1946/BILLS-112hr1946ih.pdf