Antitrust / Collective Negotiation
Federal antitrust laws enforced by the Federal Trade Commission (FTC) have long prevented physicians from engaging in collective negotiation with insurers that are exempt from antitrust laws. Yet many of these statutes, originally intended to protect consumers from anticompetitive behavior, are increasingly ill-suited for today’s rapidly changing health care workforce and marketplace.
The AAFP supports the American Medical Association (AMA) in its efforts to redirect antitrust enforcement and advocate for legislation that would remove antiquated collective negotiation restrictions as we maintain a longstanding position of calling for antitrust relief for physicians.
Additionally, the health insurance industry continues to be exempt from antitrust regulation, which does not promote genuine competition nor improve the nation’s health care system. The AAFP calls on Congress to investigate the long-term consequences of health insurance market consolidation. We encourage Congress to enact legislation to ease Federal Trade Commission restrictions on primary care physicians’ contract negotiations with third party payers to enable them to negotiate contracts with insurers on a level playing field.
AAFP Letter to HHS Requesting Information on Drug Prices - July 16, 2018(6 page PDF)
AAFP Letter to ASPE’s RFI on "Promoting Healthcare Choice and Competition" - January 25, 2018(4 page PDF)
AAFP Letter to Congress Concerning Restricted FTC Authority on Mergers - March 23, 2016(2 page PDF)
AAFP Letter to CMS on Medicare Advantage Insurance Participation - September 28, 2015(2 page PDF)
AAFP Letter to Department of Justice on Pending Insurance Consolidations - July 27, 2015(2 page PDF)
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