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H.R. 971 · 110th Congress

Community Pharmacy Fairness Act of 2007

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IntroducedPassed one chamberPassed both chambersBecame law (gold)Resolution agreed to (full, dark)Failed or vetoed (gray)

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Never voted on. It didn't reach a floor vote before the 110th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.

AWD WeinerSponsor
192 cosponsors · 115 D, 77 R
JMR Moran RGD Grijalva CSR Shays RAR Aderholt NBD Boyda HCR Coble MRD Ross MRR Rogers JAR Ann Emerson TER Everett SGR Graves BCD Cramer MBD Berry JBR Bonner JCD Cooper BDD Delahunt CFD Fattah BGD Gordon THD Holden BHD Higgins MHD Hirono SID Israel WJR Jones HJD Johnson CMD McCarthy BMD Miller JPR Peterson JPR Pitts SRD Reyes LTR Terry RWD Wexler LWD Woolsey RBD Brady DCR Camp BED Etheridge SKD Kagen FLR LoBiondo JMD Murtha DPD Price TPR Platts CBR Boustany BBD Braley BFD Filner WHR Herger RKD Klein JMR McHugh MMD McIntyre CMR McMorris Rodgers SOD Ortiz JSD Salazar VGR Goode PKD Kennedy JMD Marshall ZWR Wamp TAD Allen JMD Moran DMD Moore FUR Upton GND Napolitano MTR Thornberry NAD Abercrombie JGR Gresham Barrett JCD Conyers KCD Castor SFD Farr RHR Hayes SHD Herseth Sandlin JSD Spratt ETD Towns RBD Boucher DDR Davis LGR Gohmert RPR Paul LSD Sánchez HSD Shuler GTD Taylor RAR Alexander PGR Gingrey MMD McNulty CED Edwards BJR Jindal LSD Slaughter BSD Stupak KCR Conaway JMR Miller ISD Skelton ASR Smith TDR Drake PGR Gillmor CPR Pickering RBR Bartlett JBR Boozman GKD Butterfield CCD Carney JGR Gerlach PHR Hoekstra TBD Baldwin BCR Cubin JFR Fortenberry WGR Gilchrest MHD Hinchey RLD Larsen VSD Snyder TTR Tiahrt MAD Arcuri TBD Bishop DRR Rehberg PHD Hodes JCD Courtney ZSD Space SBD Bishop SJD Jackson Lee JJR Jordan EPD Pomeroy NRD Rahall LWR Westmoreland CMD Melancon RNR Neugebauer MCD Capuano GDR Davis RHR Hall DHD Hooley HCD Cuellar PHD Hare JCR Carter BCD Chandler BED Ellsworth WJD Jefferson MMD Michaud JRR Ramstad LRD Roybal-Allard MSR Simpson ECD Cleaver ASD Schiff JDR Duncan DLD Loebsack CMD Maloney CMD Murphy CRD Rodriguez TWR Walberg RHD Hinojosa MMR McCaul CSD Shea-Porter MFR Fallin NLD Lampson BSR Sali EBD Blumenauer ABD Boyd DBD Boren MMR Musgrave JND Nadler BSR Shuster TWD Walz JSD Sarbanes VFR Foxx TPR Price JBD Barrow JCD Crowley SCD Cohen PWD Welch BMD McCollum PMD Murphy LDD Doggett SRD Rothman DMR Manzullo CWD Wilson FLR Lucas HRR Rogers END Norton MWD Watt JOD Olver GWR Walden PER English JMD McNerney LGD Gutiérrez PDD DeFazio RCD Carnahan SCR Capito JSD Sestak RWR Wittman JKR Kingston MSR Souder JDD Donnelly BSD Scott RKR Kuhl YCD Clarke CSR Smith TRR Reynolds BBD Baird ACD Carson HBR Brown ECD Cummings

1 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.

Community Pharmacy Fairness Act of 2007 - Entitles independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services to the same treatment under the antitrust laws as the treatment to which bargaining units recognized under the National Labor Relations Act are entitled.

What it does: CRS summary · Reported to House with amendment(s) · Sep 28, 2008

Community Pharmacy Fairness Act of 2007 - Entitles independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services to the same treatment under the antitrust laws as the treatment to which bargaining units recognized under the National Labor Relations Act are entitled. Treats such a pharmacy as an employee engaged in concerted activities in connection with such negotiations.

Exempts actions taken in good faith reliance on this Act from being subject to criminal sanctions or civil penalties beyond actual damages incurred.

Provides that this Act does not exempt from application of antitrust laws any agreement or unlawful conspiracy that: (1) would have the effect of boycotting any independent pharmacy; (2) would exclude, limit the participation or reimbursement of, or otherwise limit the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation; (3) allocates a market among competitors; (4) unlawfully ties the sale or purchase of one product or service to the sale or purchase of another product or service; or (5) monopolizes or attempts to monopolize a market.

Excludes from the application of this Act: (1) negotiations of any group of independent pharmacies with a health plan if the number of pharmacy licenses within such group in a PDP region (Medicare Part D prescription drug plan region) exceeds 25% of the total number of pharmacy licenses issued to all retail pharmacies in the region; and (2) negotiations between independent pharmacies and health plans pertaining to federal health benefits.

Requires the Comptroller General to study the impact of this Act after five years.

Provides that this Act does not preclude the Federal Trade Commission (FTC) or the Department of Justice (DOJ) from overseeing the conduct of independent pharmacies covered under this Act.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov

About this bill and sources

Official title: Community Pharmacy Fairness Act of 2007

Latest action (Sep 28, 2008): Placed on the Union Calendar, Calendar No. 579.

Policy area: Commerce · Origin: House · Introduced: Feb 8, 2007

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)

No recorded floor vote found.