H.R. 1304 would improve patient care, not harm it. The sunset provision and the impact study would ensure that Congress could address any potential concerns that may arise. Adding unproven requirements is unnecessary and would harm patients and effectively gut the bill. Requiring proof of market share of a health plan before negotiations would prevent legitimate negotiations and add complex regulatory and unnecessary hurdles to negotiations. Evaluation of market concentration is a complicated, expensive, time consuming undertaking that requires expert economic analysis.
Experts create varying estimates of market share depending on how they define the local market.
Requiring this type of analysis would simply delay or prevent negotiations altogether. Local markets differ across the country so market analysis will differ from place to place. It is obvious to an entire community when a health plan has market power. Regardless of size, health plans use the threat of antitrust laws against physicians to effectively prevent them from voicing concerns over a bad contract. YES for H.R. 1304 - the simple solution without new bureaucracy.