Vermont S 249: An act relating to Davis-Bacon wage survey requirements for State construction projects

Bill Text

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S.249 1
Introduced by Senator Collamore 2
Referred to Committee on 3
Date: 4
Subject: Health; health care reform; hospitals; health systems; Agency of 5
Human Services; antitrust; state action immunity 6
Statement of purpose of bill as introduced: This bill proposes to allow 7
hospitals and health systems to collaborate on efforts that align with or further 8
Vermont’s health policy goals and to provide for sufficient State supervision of 9
the collaborations to qualify for state action immunity under federal and State 10
antitrust law. 11
An act relating to hospital collaboration and state action immunity 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 18 V.S.A. § 9405d is added to read: 14
§ 9405d. HOSPITAL COLLABORATION; STATE ACTION IMMUNITY 15
(a) Intent. It is the intent of the General Assembly that hospital and health 16
system collaboration efforts that meet the requirements of this section be 17
afforded state action immunity under applicable federal and State laws. This 18
immunity is in addition to the hospital cost containment conduct afforded state 19
action immunity under subdivision 9456(d)(2) of this title. 20

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(b) Qualifying conduct. Conduct undertaken by rural hospitals, community 1
hospitals, and health systems, or a combination of them, for the purposes of 2
cost containment, improved access to care, quality improvement, preservation 3
of rural or community hospitals, advancement of the State Health Care 4
Delivery Strategic Plan, once established, or enhancement of any existing 5
health care initiative in a manner that is consistent with the principles 6
expressed in section 9371 of this title shall be afforded state action immunity 7
from criminal and civil litigation under applicable federal and State antitrust 8
laws if the conduct meets all of the following conditions: 9
(1) the Secretary of Human Services authorizes the parties to explore 10
opportunities to collaborate to achieve one or more of the purposes set forth in 11
of this subsection; 12
(2) the Secretary of Human Services deems any initiatives proposed by 13
the collaborating parties as a result of their authorized collaboration to be 14
consistent with the State’s health policy goals; 15
(3) the Secretary of Human Services approves each initiative proposed 16
by the parties prior to its implementation; and 17
(4) the Agency of Human Services actively supervises the parties’ 18
conduct throughout the collaboration and implementation of the approved 19
initiatives, as set forth in subsection (d) of this section. 20

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(c) Information sharing. Hospitals and health systems participating in 1
discussions and collaborations approved under this section may share cost, 2
utilization, workforce, and quality data as necessary to achieve the purposes of 3
the collaboration. This information sharing shall not be deemed a violation of 4
federal or State antitrust law. 5
(d) Process for approval; State supervision. 6
(1) A hospital seeking to collaborate with another hospital or a health 7
system in a manner that the hospital determines may violate State or federal 8
antitrust law shall seek approval from the Secretary of Human Services prior to 9
engaging in such collaboration. Separate approval shall be required for the 10
parties to discuss and explore opportunities to work together to further the 11
State’s health policy goals, using the process set forth in subdivision (2) of this 12
subsection, and for implementation of any initiatives developed pursuant to 13
these discussions, using the process set forth in subdivision (3) of this 14
subsection. 15
(2)(A) A hospital interested in exploring potential collaboration with 16
one or more hospitals or health systems shall submit an application to the 17
Secretary of Human Services describing the proposed collaboration and 18
specifying the manner in which the proposed activity would further Vermont’s 19
health policy goals and achieve one or more of the purposes set forth in 20
subsection (b) of this section. 21

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(B)(i) The Secretary shall review the proposed collaboration and may 1
request additional information from the applicant or request an informal 2
hearing, or both. 3
(ii) Within 30 days following receipt of the proposal, the Secretary 4
shall approve, approve with conditions, or reject the proposed collaboration. 5
Approval or approval with conditions shall constitute the Secretary’s 6
determination that the proposed collaboration is consistent with the State’s 7
health policy goals and is likely to achieve one or more of the purposes set 8
forth in subsection (b) of this section. 9
(iii) If the Secretary rejects the proposal, the Secretary’s decision 10
shall set forth the basis for the rejec