Measuring State Healthcare Freedom Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3017 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 3017

 To direct the Assistant Secretary for Planning and Evaluation of the
 Department of Health and Human Services to conduct an annual study on
     health care competition and consolidation at the State level.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 24, 2025

 Mrs. Spartz introduced the following bill; which was referred to the
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 To direct the Assistant Secretary for Planning and Evaluation of the
 Department of Health and Human Services to conduct an annual study on
     health care competition and consolidation at the State level.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Measuring State Healthcare Freedom
Act''.

SEC. 2. ANNUAL STUDY ON HEALTH CARE COMPETITION AND CONSOLIDATION AT
              STATE LEVEL.

    (a) In General.--Over each of the 10 years following the date of
enactment of this Act, the Assistant Secretary for Planning and
Evaluation of the Department of Health and Human Services (in this
section referred to as the ``Assistant Secretary'') shall conduct a
study on health care competition and consolidation at the State level.
    (b) Consultation.--In conducting the study under this section, the
Assistant Secretary shall consult with the Chair of the Federal Trade
Commission and the Assistant Attorney General in charge of the
Antitrust Division of the Department of Justice.
    (c) Obtaining Data.--The Assistant Secretary may secure from the
Federal Trade Commission information necessary to enable the Assistant
Secretary to carry out subsection (d)(2). Upon request of the Assistant
Secretary, the Chair of the Federal Trade Commission shall furnish that
information to the Assistant Secretary.
    (d) Metrics.--The study under this section shall include data
collection on each of the following:
            (1) Licensing requirements for doctors, nurses, and other
        health care practitioners, including requirements with respect
        to--
                    (A) initial licensure;
                    (B) ongoing maintenance of licensure;
                    (C) specific training and postgraduate and
                continuing medical education;
                    (D) residency supervisory requirements; and
                    (E) board certification.
            (2) Mergers and acquisitions (both vertical and
        horizontal), involving--
                    (A) hospitals;
                    (B) ambulatory or outpatient practices;
                    (C) ambulatory surgical centers;
                    (D) health insurance providers;
                    (E) habilitative service providers (such as
                providers of physical therapy or occupational therapy);
                and
                    (F) telehealth.
            (3) The number of--
                    (A) State laws establishing a legal mechanism by
                which a State approves mergers between or among two or
                more hospitals (commonly referred to as ``certificates
                of public advantage''); and
                    (B) State laws establishing a legal mechanism for
                regulating the growth of construction of new health
                care facilities (commonly referred to as ``certificates
                of need'').
            (4) The availability of alternative forms of health
        insurance coverage, including--
                    (A) short-term limited duration insurance (as
                defined for purposes of section 2791(b)(5) of the
                Public Health Service Act (42 U.S.C. 300gg-91(b)(5)));
                and
                    (B) association health plans (including plans
                offered through the American Farm Bureau Federation).
            (5) The number of each of the following in operation at the
        start and the end of each year covered by the 10-year study
        period:
                    (A) Hospitals.
                    (B) Medical practices.
                    (C) Ambulatory or outpatient practices.
                    (D) Ambulatory surgical centers.
                    (E) Health insurance providers.
                    (F) Habilitative service providers.
            (6) The Herfindahl-Hirschman Index, within geographic areas
        defined by the Assistant Secretary in consultation with the
        Bureau of Competition of the Federal Trade Commission, for the
        following health care services:
                    (A) General acute care hospital services.
                    (B) Ambulatory or outpatient medical services,
                disaggregated by medical specialty.
                    (C) Habilitative services.
    (e) Annual Reports.--
            (1) In general.--Not later than the end of each of the 10
        years referred to in subsection (a), the Assistant Secretary
        shall submit to the Committee on Energy and Commerce and the
        Committee on Ways and Means of the House of Representatives and
        the Committee on Finance and the Committee on Health,
        Education, Labor, and Pensions of the Senate a report on the
        status and results of the study under this section.
            (2) Publication; publicly accessible datasets.--Not later
        than the end of each of the 10 years referred to in subsection
        (a), the Assistant Secretary shall--
                    (A) publish on the website of the Office of the
                Assistant Secretary the report submitted under
                paragraph (1) for the respective year; and
                    (B) make the data collected through the study under
                this section available to the public on such website in
                a manner that is publicly accessible and interactive.
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