March 17, 2000
Antitrust Bill Would Leave
Doctor Cartels Free From Oversight, Raise Health Costs
Legislation the House Judiciary Committee began
marking up this week would preempt state antitrust oversight while
leaving doctor cartels free from any federal oversight.
The National Conference of State Legislatures
said H.R. 1304, the so-called Quality Health Care Coalition
Act, causes NCSL concern "regarding the preemption of state
antitrust laws and the absence of a federal structure for continued
oversight and regulation."
"While H.R. 1304 preempts state and federal antitrust laws,
it fails to establish federal requirements to replace the
‘active state supervision' requirements currently in
place."
The Judiciary Committee began markup of the bill and will
continue consideration next week.
Such preemption of state antitrust law leaves consumers and
patients exposed to the equivalent of "OPEC for doctors."
As the Organization of Petroleum Exporting Countries has cut
oil production and increased prices, so too would doctor cartels
price-fix, raising health costs for consumers, employers and federal
health programs.
Because of the anticompetitive conduct that doctor cartels would
wield, the Illinois Chamber of Commerce called a similar bill before
the state legislature "Public Enemy Number One" in the fight to keep
health insurance affordable.
"America is witnessing firsthand the effect a price-fixing cartel
known as OPEC is having on sparing gasoline prices," the Illinois
Chamber's president said. "We simply cannot allow a
doctor cartel to do to health care prices in Illinois
what the OPEC cartel is doing to oil prices around the
world. When that happens, a few get rich at the
expense of millions, and workers and their families suffer."
It's clear that H.R. 1304 would cause Americans to pay more
for health care – solely by creating powerful collective bargaining
units unfettered by any accountability.
The Congressional Budget Office "estimates that federal tax
revenues would fall by $145 million in 2001 and by $10.9 billion
over the 2001-2010 period if H.R. 1304 were enacted."
CBO also would drive up federal health program costs: "Direct
spending for the Federal Employees Health Benefits Program,
Medicaid, and the State Children's Health Insurance Program would
grow by an estimated $165 million in 2001 and by $11.3 billion over
the 2001-2010 period." Another half billion dollar increase in
FEHBP discretionary spending would occur over 10 years, according to
CBO.
Private health insurance expenditures would rise by 2.6 percent
in 2006 should this bill become law, CBO estimates. "In the
case of employer-sponsored health plans, higher premium
contributions charged to employers would be passed on
to employees in the form of lower cash wages and other fringe
benefits.
Also, these higher private insurance premiums translate
into adding between half a million and more than a million Americans
to the ranks of the uninsured directly because of this
legislation.
Added to the additional costs of managed care reform
legislation, which CBO estimated at 4.1 percent for the House-passed
bill, these two bills together would raise health costs 6.7
percent. That's an additional 1.34 million to 2.7
million uninsured because of these two bills.
The House Judiciary Committee should reject H.R. 1304.
America doesn't need its own version of OPEC for health
professionals.
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