SF 2284

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/02/2023 09:00am

A resolution
to restore patient protection laws; urging certain federal agencies to repeal waivers of
antitrust, anti-fee-splitting, and anti-self-referral laws and urging an amendment to
federal law to require that clinics and hospitals have freedom to contract or not contract
for payment contingent on the volume of orders for care.

WHEREAS, Federal Trade Commission waivers of antitrust laws have legalized the creation
of government-protected corporate cartels and mergers of mini-accountable care organization
provider insurance corporations in violation of antitrust law; and

WHEREAS, Centers for Medicare and Medicaid Services waivers of anti-fee-splitting and
anti-self-referral laws have legalized shifting cartel underwriting financial risk and profit-driven
gatekeeping functions onto the providers of these services; and

WHEREAS, cost controls and profits of megapayers, consisting of managed care
organizations, insurance companies, and government agencies, require provider accountable care
organization corporations and their bedside providers to assume risk for the cost of servicing the
clienteles of these megapayers; and

WHEREAS, waivers legalizing collusive payer behavior are how patients can lose the
protection of antitrust, anti-fee-splitting, and anti-self-referral laws, and the exclusive professional
loyalty of their bedside physicians paid bonus rewards to ration care in the role of corporate
gatekeepers; and

WHEREAS, in violation of antitrust laws, mergers are formed for the purpose of cartel
collusion in fixing capitation fee rate bids at auctions of mega-payer populations for servicing by
mini-provider corporations; and

WHEREAS, in violation of anti-fee-splitting and anti-self-referral laws, provider corporations
can profiteer through collusion in referrals and splitting capitation fee profits from rationing care
among provider insurance corporations and megapayers; and

WHEREAS, profiteering through denials of care and delays in providing care is how
professionals and professional organizations can lose their claims to patient and public loyalty and
is how the integrity of America's health care system is endangered, when laws create a double legal
standard for physician behavior through legalizing accountable care organization split fee payments
contingent on volume of referrals behavior, which are illegal bribes under state medical practice
statutes and federal statutes; and

WHEREAS, multiple cost control experiments using pay contingent on volume of care
referrals have failed to significantly control costs or improve quality; and

WHEREAS, federal waivers legalize violations of antitrust, anti-fee-splitting, and
anti-self-referral laws; NOW, THEREFORE,

BE IT RESOLVED by the Legislature of the State of Minnesota that it urges the President
of the United States to direct the Federal Trade Commission to repeal waivers of antitrust laws and
to direct the Centers for Medicare and Medicaid Services to repeal waivers of anti-fee-splitting and
anti-self-referral laws, and it further urges the Congress of the United States to amend the Medicare
Access and CHIP Reauthorization Act of 2015 to require that clinics and hospitals have freedom
to contract or not contract for payments contingent on the volume of orders for care.

BE IT FURTHER RESOLVED that the Secretary of State of the State of Minnesota is directed
to prepare copies of this memorial and transmit them to the President of the United States, the
President and the Secretary of the United States Senate, the Speaker and the Clerk of the United
States House of Representatives, the chair of the Senate Committee on Health, Education, Labor,
and Pensions, the chair of the House Committee on Energy and Commerce, Minnesota's Senators
and Representatives in Congress, and the appropriate secretaries in the federal executive branch.