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 Spreadsheet

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; 33 are original cosponsors, there from 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
D-ARMarion BerryOriginalFeb 25, 2009
D-NYMaurice D. HincheyOriginalFeb 25, 2009
D-PAPatrick J. MurphyOriginalFeb 25, 2009
D-VTPeter WelchOriginalFeb 25, 2009
R-TXRalph M. HallOriginalFeb 25, 2009
R-ALRobert B. AderholtOriginalFeb 25, 2009
R-TXRon PaulOriginalFeb 25, 2009
R-MDRoscoe G. BartlettOriginalFeb 25, 2009
D-TXRuben HinojosaOriginalFeb 25, 2009
D-CASam FarrOriginalFeb 25, 2009
D-GASanford D. Bishop, Jr.OriginalFeb 25, 2009
D-OHSteve DriehausOriginalFeb 25, 2009
D-WITammy BaldwinOriginalFeb 25, 2009
D-PATim HoldenOriginalFeb 25, 2009
D-NYTimothy H. BishopOriginalFeb 25, 2009
R-PATodd Russell PlattsOriginalFeb 25, 2009
R-NCWalter B. JonesOriginalFeb 25, 2009
D-NYYvette D. ClarkeOriginalFeb 25, 2009
D-KYBen ChandlerMar 3, 2009
R-TXLouie GohmertMar 3, 2009
R-VARobert J. WittmanMar 3, 2009
R-LARodney AlexanderMar 3, 2009
R-NJFrank A. LoBiondoMar 4, 2009
R-KYGeoff DavisMar 4, 2009
R-ALMike RogersMar 4, 2009
D-NYMichael E. McMahonMar 5, 2009
D-OHMary Jo KilroyMar 6, 2009
D-VAGerald E. ConnollyMar 9, 2009
D-TNBart GordonMar 10, 2009
R-KYHarold RogersMar 11, 2009
D-MOIke SkeltonMar 11, 2009
R-TNZach WampMar 11, 2009
D-INBrad EllsworthMar 16, 2009
D-IABruce L. BraleyMar 16, 2009
D-PAChristopher P. CarneyMar 16, 2009
D-WVNick J. Rahall IIMar 16, 2009
D-VARick BoucherMar 16, 2009
R-KSTodd TiahrtMar 16, 2009
D-TNJim CooperMar 18, 2009
R-ALJo BonnerMar 18, 2009
D-ORPeter A. DeFazioMar 18, 2009
D-TXLloyd DoggettMar 19, 2009
R-TXMichael T. McCaulMar 19, 2009
D-NCMike McIntyreMar 23, 2009
D-FLRon KleinMar 23, 2009
D-NYSteve IsraelMar 23, 2009
D-PAJoe SestakMar 24, 2009
R-TXK. Michael ConawayMar 24, 2009
R-MTDenny RehbergMar 30, 2009
R-TXMac ThornberryMar 31, 2009
D-FLRobert WexlerApr 1, 2009
R-KSLynn JenkinsApr 21, 2009
D-CALucille Roybal-AllardApr 23, 2009
D-SDStephanie Herseth SandlinApr 23, 2009
D-WISteve KagenApr 23, 2009
D-RIPatrick J. KennedyApr 27, 2009
R-NEAdrian SmithApr 28, 2009
D-PAJohn P. MurthaApr 28, 2009
D-NCBob EtheridgeMay 13, 2009
D-TXChet EdwardsMay 13, 2009
R-OKFrank D. LucasMay 13, 2009
R-WACathy McMorris RodgersMay 14, 2009
R-ORGreg WaldenMay 14, 2009
D-NCLarry KissellMay 14, 2009
D-FLAllen BoydJun 2, 2009
D-WARick LarsenJun 2, 2009
R-ALSpencer BachusJun 2, 2009
R-LASteve ScaliseJun 4, 2009
R-TXRandy NeugebauerJun 9, 2009
D-MNBetty McCollumJul 21, 2009
D-ALBobby BrightJul 31, 2009
D-MIMark H. SchauerSep 15, 2009
R-NJChristopher H. SmithSep 16, 2009
R-GALynn A. WestmorelandSep 29, 2009
D-NYLouise McIntosh SlaughterOct 22, 2009
R-ALParker GriffithOct 22, 2009
R-IDMichael K. SimpsonNov 16, 2009
D-SCJohn M. Spratt, Jr.Dec 2, 2009
D-MNTimothy J. WalzDec 3, 2009
R-AKDon YoungJan 12, 2010
R-SCJ. Gresham BarrettJan 26, 2010
R-NEJeff FortenberryMar 2, 2010
D-CAJerry McNerneyApr 20, 2010
R-ARJohn BoozmanSep 29, 2010

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Feb 25, 2009
Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
Referred Jul 23, 2009

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.

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To ensure and foster continued patient safety and quality of care by making the antitrust laws apply to negotiations between groups of independent pharmacies and health plans and health insurance issuers (including health plans under parts C and D of the Medicare Program) in the same manner as such laws apply to protected activities under the National Labor Relations Act.
Short Titles as Introduced
Community Pharmacy Fairness Act of 2009

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; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.