Resolution on Antitrust Reform Exposed

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The Resolution on Antitrust Reform does not include adoption or approval information. ALEC has attempted to distance itself from this piece of legislation after the launch of in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

The Resolution on Antitrust Reform opposes changes to the federal antitrust laws that would preempt state laws relating to prohibitions of physicians from price-fixing, boycotts, and market allocation schemes.

Model Resolution

WHEREAS, Congress is considering legislation which would weaken current antitrust laws that strictly prohibit physicians from price-fixing, boycotts, and market allocation schemes; and

WHEREAS, the antitrust reform legislation under consideration by Congress would expressly preempt state antitrust laws and enforcement authority; and

WHEREAS, such changes to antitrust laws would directly undermine state efforts to protect consumers against anti-competitive conduct, such as price-fixing, boycotts and market allocations schemes; and

WHEREAS, the promotion of a fair and competitive health care marketplace is necessary to ensure that employers and consumers have access to affordable, high quality health care; and

WHEREAS, the current health care marketplace is highly competitive, providing consumers and employers with numerous and varied health plan choices: and

WHEREAS, states rely on the competitive health cam marketplace to successfully contain health care costs in their Medicaid programs, through their employee health plans; and

WHEREAS, the antitrust law changes under consideration could seriously hinder on-going efforts in several states to reduce the cost of health care provided through worker’s compensation coverage; and

WHEREAS, current antitrust law does not present a barrier to the formation of legitimate, pro-competitive physician networks since numerous such networks already exist or are forming;

NOW THEREFORE IT BE RESOLVED, that the State/Commonwealth of(insert state) urges Congress to maintain current antitrust law, and to acknowledge and preserve the role of the states and of the federal agencies in the interpretation and enforcement of such laws; and

BE IT FURTHER RESOLVED, that copies of this resolution be sent to each Member of Congress.