I 
112TH CONGRESS 
1ST SESSION H. R. 1409 
To ensure and foster continued patient safety and quality of care by clarifying 
the application of the antitrust laws to negotiations between groups 
of health care professionals and health plans and health care insurance 
issuers. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 7, 2011 
Mr. CONYERS (for himself, Mr. PAUL, and Mr. MILLER of Florida) introduced 
the following bill; which was referred to the Committee on the Judiciary 
A BILL 
To ensure and foster continued patient safety and quality 
of care by clarifying the application of the antitrust 
laws to negotiations between groups of health care pro-
fessionals and health plans and health care insurance 
issuers. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Quality Health Care 
Coalition Act of 2011’’. 
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SEC. 2. APPLICATION OF THE FEDERAL ANTITRUST LAWS 
TO HEALTH CARE PROFESSIONALS NEGOTI-
ATING WITH HEALTH PLANS. 
(a) IN GENERAL.—Any health care professionals who 
are engaged in negotiations with a health plan regarding 
the terms of any contract under which the professionals 
provide health care items or services for which benefits 
are provided under such plan shall, in connection with 
such negotiations, be exempt from the Federal antitrust 
laws. 
(b) LIMITATION.— 
(1) NO
NEW
RIGHT
FOR
COLLECTIVE
CES-
SATION
OF
SERVICE.—The exemption provided in 
subsection (a) shall not confer any new right to par-
ticipate in any collective cessation of service to pa-
tients not already permitted by existing law. 
(2) NO
CHANGE
IN
NATIONAL
LABOR
RELA-
TIONS ACT.—This section applies only to health care 
professionals excluded from the National Labor Re-
lations Act. Nothing in this section shall be con-
strued as changing or amending any provision of the 
National Labor Relations Act, or as affecting the 
status of any group of persons under that Act. 
(c) NO APPLICATION
TO FEDERAL PROGRAMS.— 
Nothing in this section shall apply to negotiations between 
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health care professionals and health plans pertaining to 
benefits provided under any of the following: 
(1) The Medicare Program under title XVIII of 
the Social Security Act (42 U.S.C. 1395 et seq.). 
(2) The Medicaid program under title XIX of 
the Social Security Act (42 U.S.C. 1396 et seq.). 
(3) The SCHIP program under title XXI of the 
Social Security Act (42 U.S.C. 1397aa et seq.). 
(4) Chapter 55 of title 10, United States Code 
(relating to medical and dental care for members of 
the uniformed services). 
(5) Chapter 17 of title 38, United States Code 
(relating to Veterans’ medical care). 
(6) Chapter 89 of title 5, United States Code 
(relating to the Federal employees’ health benefits 
program). 
(7) The Indian Health Care Improvement Act 
(25 U.S.C. 1601 et seq.). 
SEC. 3. DEFINITIONS. 
In this Act, the following definitions shall apply: 
(1) ANTITRUST
LAWS.—The term ‘‘antitrust 
laws’’— 
(A) has the meaning given it in subsection 
(a) of the first section of the Clayton Act (15 
U.S.C. 12(a)), except that such term includes 
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section 5 of the Federal Trade Commission Act 
(15 U.S.C. 45) to the extent such section ap-
plies to unfair methods of competition; and 
(B) includes any State law similar to the 
laws referred to in subparagraph (A). 
(2) GROUP HEALTH PLAN.—The term ‘‘group 
health plan’’ means an employee welfare benefit plan 
to the extent that the plan provides medical care (in-
cluding items and services paid for as medical care) 
to employees or their dependents (as defined under 
the terms of the plan) directly or through insurance, 
reimbursement, or otherwise. 
(3) GROUP HEALTH PLAN, HEALTH INSURANCE 
ISSUER.—The terms ‘‘group health plan’’ and 
‘‘health insurance issuer’’ include a third-party ad-
ministrator or other person acting for or on behalf 
of such plan or issuer. 
(4) 
HEALTH
CARE
SERVICES.—The 
term 
‘‘health care services’’ means any services for which 
payment may be made under a health plan, includ-
ing services related to the delivery or administration 
of such services. 
(5) HEALTH CARE PROFESSIONAL.—The term 
‘‘health care professional’’ means any individual or 
entity that provides health care items or services, 
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