1.1.................... moves to amend H. F. No. 120 as follows:
1.2Page 2, line 1, after the period, insert "If the commissioner requests additional
1.3information and does not act within 60 days of receiving additional information sufficient
1.4to evaluate the application, as determined by the commissioner, the application shall be
1.5deemed approved."
1.6Page 2, line 2, delete "that the" and insert ", using the criteria in paragraph (g),
1.7that: (1) the anticompetitive effects of the arrangement on the marketplace exceed the
1.8procompetitive effects or efficiencies, or that any price agreements included in the
1.9arrangement are not necessary to achieve the efficiencies that are expected to result from
1.10the arrangement; or (2) the applicant has not provided complete or sufficient information
1.11requested by the commissioner to evaluate the impact of the proposed arrangement on the
1.12health care marketplace."
1.13Page 2, delete lines 3 and 4 and insert:
1.14"(c) The commissioner may collect information from other parties, such as health
1.15plan companies or other health care providers operating in the same geographic area as the
1.16health care cooperative, to assist in evaluating the impact of the proposed arrangement
1.17on the health care marketplace. Data collected from health plan companies and health
1.18care providers under this paragraph are nonpublic data or private data on individuals, as
1.19defined in section 13.02.
1.20(d) The commissioner may solicit public comment on the impact of the proposed
1.21arrangement."
1.22Page 2, line 5, delete "(c)" and insert "(e)"
1.23Page 2, line 11, delete "(d)" and insert "(f)"
1.24Page 2, after line 14, insert:
1.25"(g) In evaluating applications received under this section, the commissioner shall
1.26consider whether:
2.1(1) the arrangement is likely to produce significant efficiencies that benefit
2.2consumers, such as cost savings or improvements in quality of or access to care;
2.3(2) the arrangement is likely to have any anticompetitive effects on the marketplace;
2.4and
2.5(3) the potential anticompetitive effects outweigh the procompetitive efficiencies
2.6resulting from the arrangement."
2.7Page 2, delete lines 19 to 21 and insert:
2.8"(2) the participation rules for the cooperative, including the terms and conditions
2.9under which participating providers may be members of the cooperative;
2.10(3) a description of the geographic areas served by the cooperative and the products
2.11provided, and a list of competing providers that are not members of the cooperative;
2.12(4) a description of any restriction on participating members of the cooperative
2.13entering into other contracts with payers; and
2.14(5) a description of the increased efficiency, improved health care access, improved
2.15health care quality, or increased market competition that will result from the arrangement."
2.16Page 2, line 27, delete "shall be deposited into the state government special revenue
2.17fund and"
2.18Renumber the sections in sequence and correct the internal references
2.19Amend the title accordingly