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BILL AS INTRODUCED 2007-2008

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H.766

Introduced by Representatives Fisher of Lincoln, Donahue of Northfield, Haas of Rochester and Pugh of S. Burlington

Referred to Committee on

Date:

Subject:  Health; mental health care providers; antitrust immunity

Statement of purpose:  This bill proposes to permit mental health care providers to negotiate collectively with insurers.

AN ACT RELATING TO MENTAL HEALTH CARE PROVIDER SHARED SERVICE AGREEMENTS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  18 V.S.A. § 9422 is added to read:

§ 9422.  MENTAL HEALTH; SHARED SERVICE AGREEMENTS

(a)  In order to facilitate the state’s goal of providing its citizens with access to quality, appropriate mental health services at affordable costs, the commissioner may approve the creation of one or more mental health care provider bargaining groups, consisting of those mental health care providers who choose to participate.  A bargaining group is authorized to negotiate, on behalf of all participating providers, with a health care insurer regarding:

(1)  The amount of payment or the methodology for determining the payment for a mental health care service.

(2)  The amount of any discount on the price of a mental health care service.

(3)  The procedure code or other description of the mental health care service or services covered by a payment.

(4)  The amount of any other component of the reimbursement methodology for a mental health care service.

(b)  The commissioner shall adopt by rule criteria for forming and approving bargaining groups, and criteria and procedures for the negotiations authorized by this section.

(c)  In authorizing the creation of bargaining groups and the activities conducted thereunder, the general assembly intends that its action have the effect of permitting and granting state action immunity for any actions that might otherwise be considered to be in violation of state or federal antitrust laws in order to accomplish the public policy objectives of this section.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us