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H.R. 1204 · 111th Congress

Community Pharmacy Fairness Act of 2009

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Never voted on. It didn't reach a floor vote before the 111th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.

AWD WeinerSponsor
99 cosponsors · 58 D, 41 R
RAR Aderholt RBR Bartlett MBD Berry SBD Bishop TBD Baldwin TBD Bishop CBR Boustany HCR Coble JCD Conyers ECD Cummings YCD Clarke JCD Courtney SDD Driehaus SFD Farr RHR Hall MHD Hinchey RHD Hinojosa THD Holden WJR Jones DLD Loebsack JMR McHugh JMR Moran DMD Moore PMD Murphy JND Nadler RPR Paul TPR Platts PRR Roe LSD Sánchez GTD Taylor LTR Terry PWD Welch CWD Wilson RAR Alexander BCD Chandler LGR Gohmert RWR Wittman GDR Davis FLR LoBiondo MRR Rogers MMD McMahon MJD Jo Kilroy GCD Connolly BGD Gordon HRR Rogers ISD Skelton ZWR Wamp RBD Boucher BBD Braley CCD Carney BED Ellsworth NRD Rahall TTR Tiahrt JBR Bonner JCD Cooper PDD DeFazio LDD Doggett MMR McCaul SID Israel RKD Klein MMD McIntyre KCR Conaway JSD Sestak DRR Rehberg MTR Thornberry RWD Wexler LJR Jenkins SHD Herseth Sandlin SKD Kagen LRD Roybal-Allard PKD Kennedy JMD Murtha ASR Smith CED Edwards BED Etheridge FLR Lucas LKD Kissell CMR McMorris Rodgers GWR Walden SBR Bachus ABD Boyd RLD Larsen SSR Scalise RNR Neugebauer BMD McCollum BBD Bright MSD Schauer CSR Smith LWR Westmoreland PGD Griffith LSD Slaughter MSR Simpson JSD Spratt TWD Walz DYR Young JGR Gresham Barrett JFR Fortenberry JMD McNerney JBR Boozman

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

Community Pharmacy Fairness Act of 2009 - 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 · Introduced in House · Feb 25, 2009

Community Pharmacy Fairness Act of 2009 - 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.

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 2009

Latest action (Jul 23, 2009): Referred to the Subcommittee on Courts and Competition Policy.

Policy area: Commerce · Origin: House · Introduced: Feb 25, 2009

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

No recorded floor vote found.