HB 6431 Summary

• Authorizes the Attorney General to issue "certificates of public advantage" to health care providers (physicians, chiropractors, naturopaths, podiatrists, optometrists) entering into cooperative arrangements such as mergers, joint ventures, or fee negotiations with managed care organizations.

• Requires applicants to submit detailed applications with a $100 fee; Attorney General must issue written decision within 90 days based on whether benefits (quality, cost efficiency, access, reduced duplication) outweigh disadvantages (reduced competition, adverse impact on consumers).

• Conduct authorized by certificate is exempt from state antitrust law (chapter 624), but health care providers must submit annual progress reports with a $100 fee and remain subject to Attorney General supervision.

• Prohibits managed care organizations from refusing to negotiate in good faith with certified cooperative arrangements; violations subject to civil penalties up to $25,000 per day and deemed unfair/deceptive trade practices.

• Attorney General may modify or revoke certificates if benefits no longer outweigh disadvantages, with 90-day notice; denials and revocations may be appealed as contested cases; effective October 1, 2013.