TEXAS S.B. 1468

H.R. 1304

Who can negotiate collectively?

Physicians only.

All licensed health care professionals.

How many providers can be represented by the negotiator?

10% of physicians in health plan's service area, except if State Attorney General sets higher or lower figure.

No limitation (as many as 100% of all providers).

What terms can be collectively negotiated?

16 enumerated "non-fee-related subjects, unless State Attorney General has found that health plan has substantial market power and terms would otherwise threaten quality and access.

No limitation - can cover price and fee-related issues, as well as non-fee terms.

Who must approve the negotiator?

State Attorney General

No one.

Who must approve the results of the negotiation?

State Attorney General

No one.

Who generally oversees implementation of the statute?

Exemption does not apply unless State Attorney General exercises active and ongoing supervision.

No oversight by FTC, DOJ, HHS, NLRA or any other government agency.

What are the criteria for the approval of a negotiation?

Determination by the State Attorney General that advantages of joint negotiation outweigh the disadvantages.

No criteria - negotiations are not subject to review by anyone.

Can providers negotiate fee-related terms with state Medicaid plans?

No - expressly prohibited.

Yes - expressly permitted.

Can physicians negotiate to restrict non-physician providers?

Expressly prohibited.

No limitation.

Sunset provision

4 years

None