Ways and Means Committee, Judiciary Committee, Energy and Commerce Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
This bill, known as the "Patients Over Profit Act," makes it unlawful for any person to directly or indirectly own, operate, or control both a health insurance issuer and certain "applicable providers" or their management services organizations. Applicable providers are defined as entities receiving payments under Medicare Part B or Medicare Advantage plans, with specific exclusions for hospitals, critical access hospitals, rural emergency hospitals, durable medical equipment suppliers, and pharmacies. This measure seeks to prevent vertical integration that could lead to anti-competitive practices or conflicts of interest within the healthcare system. Persons found in violation must **divest** either the applicable provider (or management services organization) or the health insurance issuer within two years for existing arrangements or one year for new acquisitions. Various government entities, including the Inspector General of HHS, the Assistant Attorney General of the Antitrust Division, the Federal Trade Commission (FTC), and State attorneys general, are empowered to bring **civil actions** to enforce these prohibitions. Such actions can result in orders to cease violations, mandatory divestment, and **disgorgement of revenue** received during the period of violation, with these funds directed to serve the healthcare needs of the harmed community. The bill mandates that all divestments be reported to the FTC and the Department of Justice, regardless of standard Clayton Act thresholds, and tolls the divestment period during regulatory review. The FTC and DOJ are also required to review the effect of each divestiture on competition, financial viability, and the public interest. Furthermore, for Medicare Advantage and Part D plans, the Secretary may not contract with organizations that violate these common ownership rules, and claims submitted by such entities are deemed **false or fraudulent**. The FTC is granted rulemaking authority to implement these provisions.
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
This bill, known as the "Patients Over Profit Act," makes it unlawful for any person to directly or indirectly own, operate, or control both a health insurance issuer and certain "applicable providers" or their management services organizations. Applicable providers are defined as entities receiving payments under Medicare Part B or Medicare Advantage plans, with specific exclusions for hospitals, critical access hospitals, rural emergency hospitals, durable medical equipment suppliers, and pharmacies. This measure seeks to prevent vertical integration that could lead to anti-competitive practices or conflicts of interest within the healthcare system. Persons found in violation must **divest** either the applicable provider (or management services organization) or the health insurance issuer within two years for existing arrangements or one year for new acquisitions. Various government entities, including the Inspector General of HHS, the Assistant Attorney General of the Antitrust Division, the Federal Trade Commission (FTC), and State attorneys general, are empowered to bring **civil actions** to enforce these prohibitions. Such actions can result in orders to cease violations, mandatory divestment, and **disgorgement of revenue** received during the period of violation, with these funds directed to serve the healthcare needs of the harmed community. The bill mandates that all divestments be reported to the FTC and the Department of Justice, regardless of standard Clayton Act thresholds, and tolls the divestment period during regulatory review. The FTC and DOJ are also required to review the effect of each divestiture on competition, financial viability, and the public interest. Furthermore, for Medicare Advantage and Part D plans, the Secretary may not contract with organizations that violate these common ownership rules, and claims submitted by such entities are deemed **false or fraudulent**. The FTC is granted rulemaking authority to implement these provisions.
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.