tion of the applicable premium of such individual under 
such plan (as determined under section 4980B(f)(4)) 
which is not paid by the individual. 
‘‘(d) GROUP HEALTH PLAN.—For purpose of this 
section, the term ‘group health plan’ has the meaning 
given to such term by section 5000(b)(1) and determined 
without regard to section 5000(d). 
‘‘(e) APPLICATION
TO FEHBP.—Notwithstanding 
any other provision of law, the Office of Personnel Man-
agement shall carry out the health benefits program under 
chapter 89 of title 5, United States Code, consistent with 
the requirements of this section.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 47 of such Code is amended by in-
serting after the item relating to section 5000 the 
following new item: 
‘‘Sec. 5000A. Health care contribution election.’’. 
(b) REQUIREMENT OF EQUAL CONTRIBUTIONS TO 
ALL FEHBP PLANS.—Section 8906 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(j) Notwithstanding the previous provisions of this 
section the Office of Personnel Management shall revise 
the amount of the Government contribution made under 
this section in a manner so that— 
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‘‘(1) the amount of such contribution does not 
change based on the health benefits plan in which 
the individual is enrolled; and 
‘‘(2) the aggregate amount of such contribu-
tions is estimated to be equal to the aggregate 
amount of such contributions if this subsection did 
not apply.’’. 
(c) ERISA CONFORMING
AMENDMENT.—Section 
404 of the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1104) is amended by adding at the end 
the following new subsection: 
‘‘(e) An employer which provides benefits to employ-
ees consisting of health insurance coverage, benefits other-
wise consisting of medical care, or both, shall not be treat-
ed as breaching any of the responsibilities, obligations, or 
duties imposed upon fiduciaries by this title in the case 
of one or more of such employees solely because of the 
extent to which the employer elects to provide, in the case 
of such one or more employees, some or all of such benefits 
by means of contributions made under an arrangement 
which is not a group health plan, irrespective of the extent 
to which the employer otherwise provides such benefits to 
employees under a group health plan. For purposes of this 
subsection, terms used in this subsection which are defined 
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in section 733 shall have the definitions provided such 
terms in such section.’’. 
TITLE 
II—QUALITY 
HEALTH- 
CARE PROFESSIONALS COA-
LITION ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Quality Health-Care 
Coalition Act of 2007’’. 
SEC. 202. APPLICATION OF THE 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 entitled to the same treatment under 
the antitrust laws as the treatment to which bargaining 
units which are recognized under the National Labor Rela-
tions Act are entitled in connection with such collective 
bargaining. Such a professional shall, only in connection 
with such negotiations, be treated as an employee engaged 
in concerted activities and shall not be regarded as having 
the status of an employer, independent contractor, mana-
gerial employee, or supervisor. 
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(b) PROTECTION FOR GOOD FAITH ACTIONS.—Ac-
tions taken in good faith reliance on subsection (a) shall 
not be the subject under the antitrust laws of criminal 
sanctions nor of any civil damages, fees, or penalties be-
yond actual damages incurred. 
(c) 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. 
(d) 5-YEAR SUNSET.—The exemption provided in 
subsection (a) shall only apply to conduct occurring during 
the 5-year period beginning on the date of the enactment 
of this Act and shall continue to apply for 1 year after 
the end of such period to contracts entered into before 
the end of such period. 
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(e) LIMITATION ON EXEMPTION.—Nothing in this 
section shall exempt from the application of 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 health care professional or group of health care pro-
fessionals with respect to the performance of services that 
are within their scope of practice as defined or permitted 
by relevant law or regulation. 
(f) NO EFFECT ON TITLE VI OF CIVIL RIGHTS ACT 
OF 1964.—Nothing in this section shall be construed to 
affect the application of title VI of the Civil Rights Act 
of 1964. 
(g) NO APPLICATION TO FEDERAL PROGRAMS.— 
Nothing in this section shall apply to negotiations between 
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.). 
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