HR 1204 · 111th Congress 2009–2011, ended

Community Pharmacy Fairness Act of 2009

Introduced Feb 25, 2009 Originated House Sponsor Anthony D. Weiner D-NY

Fact sheet

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

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedFeb 25, 2009
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

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.

Cosponsors 99

Members who signed on, in the order they did. Signatures ran from Feb 25, 2009 to Sep 29, 2010, with 33 there on the day it was introduced.

SeatCosponsorSigned on
D-OHCharles A. WilsonOriginalFeb 25, 2009
R-LACharles W. Boustany, Jr.OriginalFeb 25, 2009
D-IADavid LoebsackOriginalFeb 25, 2009
R-TNDavid P. RoeOriginalFeb 25, 2009
D-KSDennis MooreOriginalFeb 25, 2009
D-MDElijah E. CummingsOriginalFeb 25, 2009
D-MSGene TaylorOriginalFeb 25, 2009
R-NCHoward CobleOriginalFeb 25, 2009
D-NYJerrold NadlerOriginalFeb 25, 2009
R-KSJerry MoranOriginalFeb 25, 2009
D-CTJoe CourtneyOriginalFeb 25, 2009
D-MIJohn Conyers, Jr.OriginalFeb 25, 2009
R-NYJohn M. McHughOriginalFeb 25, 2009
R-NELee TerryOriginalFeb 25, 2009
D-CALinda T. SánchezOriginalFeb 25, 2009
Show all 99 cosponsors

Actions 3

Everything that happened, newest first.

  1. Jul 23, 2009Referred to the Subcommittee on Courts and Competition Policy.
  2. Feb 25, 2009Introduced in House
  3. Feb 25, 2009Referred to the House Committee on the Judiciary.

Subjects

Assigned by the Library of Congress. Policy area: Commerce.

Text 1

Each version as it was printed, newest first.

  1. Feb 25, 2009Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.