Community Pharmacy Fairness Act of 2007

To ensure and foster continued patient safety and quality of care by making the antitrust laws apply to negotiations between groups of independent pharmacies and health plans and health insurance issuers (including health plans under parts C and D of the Medicare Program) in the same manner as such laws apply to protected activities under the National Labor Relations Act.

2/8/2007--Introduced.
Community Pharmacy Fairness Act of 2007 - Entitles independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services to the same treatment under the antitrust laws as the treatment to which bargaining units recognized under the National Labor Relations Act are entitled. Treats such a pharmacy as an employee engaged in concerted activities 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. Prohibits:
(1) exempting from the antitrust laws any agreement or otherwise unlawful conspiracy that excludes, limits the participation or reimbursement of, or otherwise limits 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; and
(2) applying this Act to negotiations between independent pharmacies and health plans pertaining to federal health benefits.


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Sponsor

• Rep. Anthony Weiner [D, NY-9]
• and 192 Co-Sponsors
  • Rep. Neil Abercrombie [D, HI-1]
  • Rep. Robert Aderholt [R, AL-4]
  • Rep. Rodney Alexander [R, LA-5]
  • Rep. Thomas Allen [D, ME-1]
  • Rep. Michael Arcuri [D, NY-24]
  • Rep. Brian Baird [D, WA-3]
  • Rep. Tammy Baldwin [D, WI-2]
  • Rep. James Barrett [R, SC-3]
  • Rep. John Barrow [D, GA-12]
  • Rep. Roscoe Bartlett [R, MD-6]
  • Rep. Robert Berry [D, AR-1]
  • Rep. Sanford Bishop [D, GA-2]
  • Rep. Timothy Bishop [D, NY-1]
  • Rep. Earl Blumenauer [D, OR-3]
  • Rep. Jo Bonner [R, AL-1]
  • Rep. John Boozman [R, AR-3]
  • Rep. Dan Boren [D, OK-2]
  • Rep. Frederick Boucher [D, VA-9]
  • Rep. Charles Boustany [R, LA-7]
  • Rep. F. Allen Boyd [D, FL-2]
  • Rep. Nancy Boyda [D, KS-2]
  • Rep. Robert Brady [D, PA-1]
  • Rep. Bruce Braley [D, IA-1]
  • Rep. Henry Brown [R, SC-1]
  • Rep. George Butterfield [D, NC-1]
  • Rep. David Camp [R, MI-4]
  • Rep. Shelley Capito [R, WV-2]
  • Rep. Michael Capuano [D, MA-8]
  • Rep. Russ Carnahan [D, MO-3]
  • Rep. Christopher Carney [D, PA-10]
  • Rep. André Carson [D, IN-7]
  • Rep. John Carter [R, TX-31]
  • Rep. Kathy Castor [D, FL-11]
  • Rep. Ben Chandler [D, KY-6]
  • Rep. Yvette Clarke [D, NY-11]
  • Rep. Emanuel Cleaver [D, MO-5]
  • Rep. Howard Coble [R, NC-6]
  • Rep. Steve Cohen [D, TN-9]
  • Rep. K. Michael Conaway [R, TX-11]
  • Rep. John Conyers [D, MI-14]
  • Rep. Jim Cooper [D, TN-5]
  • Rep. Joe Courtney [D, CT-2]
  • Rep. Robert Cramer [D, AL-5]
  • Rep. Joseph Crowley [D, NY-7]
  • Rep. Barbara Cubin [R, WY-0]
  • Rep. Henry Cuellar [D, TX-28]
  • Rep. Elijah Cummings [D, MD-7]
  • Rep. Geoff Davis [R, KY-4]
  • Rep. David Davis [R, TN-1]
  • Rep. Peter DeFazio [D, OR-4]
  • Rep. William Delahunt [D, MA-10]
  • Rep. Lloyd Doggett [D, TX-25]
  • Rep. Joe Donnelly [D, IN-2]
  • Rep. Thelma Drake [R, VA-2]
  • Rep. John Duncan [R, TN-2]
  • Rep. Thomas Edwards [D, TX-17]
  • Rep. Brad Ellsworth [D, IN-8]
  • Rep. Jo Ann Emerson [R, MO-8]
  • Rep. Philip English [R, PA-3]
  • Rep. Bob Etheridge [D, NC-2]
  • Rep. Terry Everett [R, AL-2]
  • Rep. Mary Fallin [R, OK-5]
  • Rep. Sam Farr [D, CA-17]
  • Rep. Chaka Fattah [D, PA-2]
  • Rep. Bob Filner [D, CA-51]
  • Rep. Jeffrey Fortenberry [R, NE-1]
  • Rep. Virginia Foxx [R, NC-5]
  • Rep. Jim Gerlach [R, PA-6]
  • Rep. Wayne Gilchrest [R, MD-1]
  • Rep. Paul Gillmor [R, OH-5]
  • Rep. John Gingrey [R, GA-11]
  • Rep. Louis Gohmert [R, TX-1]
  • Rep. Virgil Goode [R, VA-5]
  • Rep. Barton Gordon [D, TN-6]
  • Rep. Samuel Graves [R, MO-6]
  • Rep. Raul Grijalva [D, AZ-7]
  • Rep. Luis Gutierrez [D, IL-4]
  • Rep. Ralph Hall [R, TX-4]
  • Rep. Phil Hare [D, IL-17]
  • Rep. Robin Hayes [R, NC-8]
  • Rep. Walter Herger [R, CA-2]
  • Rep. Stephanie Herseth Sandlin [D, SD-0]
  • Rep. Brian Higgins [D, NY-27]
  • Rep. Maurice Hinchey [D, NY-22]
  • Rep. Rubén Hinojosa [D, TX-15]
  • Rep. Mazie Hirono [D, HI-2]
  • Rep. Paul Hodes [D, NH-2]
  • Rep. Peter Hoekstra [R, MI-2]
  • Rep. Tim Holden [D, PA-17]
  • Rep. Darlene Hooley [D, OR-5]
  • Rep. Steve Israel [D, NY-2]
  • Rep. Sheila Jackson-Lee [D, TX-18]
  • Rep. William Jefferson [D, LA-2]
  • Rep. Bobby Jindal [R, LA-1]
  • Rep. Henry Johnson [D, GA-4]
  • Rep. Walter Jones [R, NC-3]
  • Rep. Jim Jordan [R, OH-4]
  • Rep. Steve Kagen [D, WI-8]
  • Rep. Patrick Kennedy [D, RI-1]
  • Rep. Jack Kingston [R, GA-1]
  • Rep. Ron Klein [D, FL-22]
  • Rep. John Kuhl [R, NY-29]
  • Rep. Nicholas Lampson [D, TX-22]
  • Rep. Rick Larsen [D, WA-2]
  • Rep. Frank LoBiondo [R, NJ-2]
  • Rep. David Loebsack [D, IA-2]
  • Rep. Frank Lucas [R, OK-3]
  • Rep. Carolyn Maloney [D, NY-14]
  • Rep. Donald Manzullo [R, IL-16]
  • Rep. James Marshall [D, GA-8]
  • Rep. Carolyn McCarthy [D, NY-4]
  • Rep. Michael McCaul [R, TX-10]
  • Rep. Betty McCollum [D, MN-4]
  • Rep. John McHugh [R, NY-23]
  • Rep. Mike McIntyre [D, NC-7]
  • Rep. Cathy McMorris Rodgers [R, WA-5]
  • Rep. Jerry McNerney [D, CA-11]
  • Rep. Michael McNulty [D, NY-21]
  • Rep. Charles Melancon [D, LA-3]
  • Rep. Michael Michaud [D, ME-2]
  • Rep. Jeff Miller [R, FL-1]
  • Rep. R. Bradley Miller [D, NC-13]
  • Rep. Dennis Moore [D, KS-3]
  • Rep. James Moran [D, VA-8]
  • Rep. Jerry Moran [R, KS-1]
  • Rep. Patrick Murphy [D, PA-8]
  • Rep. Christopher Murphy [D, CT-5]
  • Rep. John Murtha [D, PA-12]
  • Rep. Marilyn Musgrave [R, CO-4]
  • Rep. Jerrold Nadler [D, NY-8]
  • Rep. Grace Napolitano [D, CA-38]
  • Rep. Randy Neugebauer [R, TX-19]
  • Rep. Eleanor Norton [D, DC-0]
  • Rep. John Olver [D, MA-1]
  • Rep. Solomon Ortiz [D, TX-27]
  • Rep. Ronald Paul [R, TX-14]
  • Rep. John Peterson [R, PA-5]
  • Rep. Charles Pickering [R, MS-3]
  • Rep. Joseph Pitts [R, PA-16]
  • Rep. Todd Platts [R, PA-19]
  • Rep. Earl Pomeroy [D, ND-0]
  • Rep. Tom Price [R, GA-6]
  • Rep. David Price [D, NC-4]
  • Rep. Nick Rahall [D, WV-3]
  • Rep. James Ramstad [R, MN-3]
  • Rep. Dennis Rehberg [R, MT-0]
  • Rep. Silvestre Reyes [D, TX-16]
  • Rep. Thomas Reynolds [R, NY-26]
  • Rep. Ciro Rodriguez [D, TX-23]
  • Rep. Michael Rogers [R, AL-3]
  • Rep. Harold Rogers [R, KY-5]
  • Rep. Mike Ross [D, AR-4]
  • Rep. Steven Rothman [D, NJ-9]
  • Rep. Lucille Roybal-Allard [D, CA-34]
  • Rep. John Salazar [D, CO-3]
  • Rep. Bill Sali [R, ID-1]
  • Rep. Linda Sanchez [D, CA-39]
  • Rep. John Sarbanes [D, MD-3]
  • Rep. Adam Schiff [D, CA-29]
  • Rep. Robert Scott [D, VA-3]
  • Rep. Joe Sestak [D, PA-7]
  • Rep. Christopher Shays [R, CT-4]
  • Rep. Carol Shea-Porter [D, NH-1]
  • Rep. Heath Shuler [D, NC-11]
  • Rep. William Shuster [R, PA-9]
  • Rep. Michael Simpson [R, ID-2]
  • Rep. Ike Skelton [D, MO-4]
  • Rep. Louise Slaughter [D, NY-28]
  • Rep. Adrian Smith [R, NE-3]
  • Rep. Christopher Smith [R, NJ-4]
  • Rep. Victor Snyder [D, AR-2]
  • Rep. Mark Souder [R, IN-3]
  • Rep. Zackary Space [D, OH-18]
  • Rep. John Spratt [D, SC-5]
  • Rep. Bart Stupak [D, MI-1]
  • Rep. Gene Taylor [D, MS-4]
  • Rep. Lee Terry [R, NE-2]
  • Rep. William Thornberry [R, TX-13]
  • Rep. Todd Tiahrt [R, KS-4]
  • Rep. Edolphus Towns [D, NY-10]
  • Rep. Frederick Upton [R, MI-6]
  • Rep. Timothy Walberg [R, MI-7]
  • Rep. Greg Walden [R, OR-2]
  • Rep. Timothy Walz [D, MN-1]
  • Rep. Zach Wamp [R, TN-3]
  • Rep. Melvin Watt [D, NC-12]
  • Rep. Peter Welch [D, VT-0]
  • Rep. Lynn Westmoreland [R, GA-3]
  • Rep. Robert Wexler [D, FL-19]
  • Rep. Charles Wilson [D, OH-6]
  • Rep. Rob Wittman [R, VA-1]
  • Rep. Lynn Woolsey [D, CA-6]
  close

Committees

• House Judiciary

Amendments

This bill has no amendments.

Amendments to H.R.971

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
February 08, 2007

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All Bill Actions

• Added to calendar on Sep 28, 2008: Placed on the Union Calendar, Calendar No. 579..
• Sep 28, 2008: Reported (Amended) by the Committee on Judiciary. H. Rept. 110-898.
• Added to calendar on Nov 07, 2007: Ordered to be Reported (Amended) by Voice Vote..
• Nov 07, 2007: Committee Consideration and Mark-up Session Held.
• Feb 08, 2007: Referred to the House Committee on the Judiciary.
• Introduced on Feb 08, 2007.

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Related Bills:

• S.885
• S.2161

Related Issue Areas:

• Law
• Antitrust law
• Business
• Consumers
• 13 more
• Contracts
• Employee health benefits
• Finance
• Health insurance
• Health maintenance organizations
• Health policy
• Labor
• Managed care
• Medical care
• Medicine
• Pharmacies
• Prescription pricing
• Restrictive trade practices

Data from the Congressional Research Service

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In the News

February 04, 2008 FTC Opposes Collective Bargaining for Providers in Puerto Rico

"Similarly, an FTC expert last year testified before Congress that HR 971 --- a bill granting independent pharmacists sweeping antitrust exemptions ...

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Source: SunHerald.com, MS

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January 18, 2008 Medicare | CBO Analysis Suggests Allowing Pharmacies To Negotiate ...

If the Community Pharmacy Fairness Act (HR 971) is passed, most of the cost increase over the next five years would come from an additional $540 million for ...

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Source: Kaiser network.org, DC

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January 16, 2008 Congressional Budget Office Analysis of HR971 Rejects Pharmacy ...

The Community Pharmacy Fairness Act (HR 971) and the Senate bill (S2161) with the same name would provide an exemption in the nation's anti-trust law for ...

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Source: Earthtimes, UK

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Blog Coverage

November 11, 2008 Griz RPh News: Montana Proposed Prescription Monitoring Program FAQ

April (7). Recap on Current Events!!! Prompt Payment Legislation · CMS Ruling on Competative Bidding for DME! CMS and AMP · CMS Proposed Regulation of AMP!!!!!! Federal Issues...HR 971 'Community Pharmacy Fairne... Strong Work Everyone! .

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November 06, 2008 NCPA statement on Florida study about prescription drug prices

... in underserved neighborhoods is to allow community pharmacy owners to have good faith business negotiations with Wall Street's giant PBMs as is the case with the companion bills pending in the U.S. Congress - H.R. 971 and S. 2161. ...

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Source: Medical News

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November 04, 2008 New Study: Independent Drugstores Charge 15% More for Prescription ...

Recently, the Congressional Budget Office (CBO) found that HR 971 would increase federal costs by $640 million over ten years and that increased drug costs to private health plans, employers, and consumers would result in “reductions in ...

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