New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S523

Introduced
1/9/24  

Caption

Allows physicians to jointly negotiate with carriers over contractual terms and conditions.

Impact

S523 modifies the way physicians can negotiate with health insurance carriers by establishing a legal framework for joint negotiations. This legislation intends to restore competitive balance in the healthcare market by ensuring that independent physicians have a voice in contractual agreements. Ultimately, the bill could positively impact patient care by enhancing the quality and availability of services, as physicians would be better positioned to advocate for their patients' needs without the constraints imposed by unilateral contractual terms from insurers.

Summary

Senate Bill S523 allows independent physicians within the geographic service area of a health insurance carrier to engage in joint negotiations regarding the terms and conditions of their contracts with that carrier. This legislation addresses the existing power imbalance between health insurance carriers and physicians, where carriers often dictate contract terms. The bill aims to empower physicians to negotiate collectively, which proponents argue will lead to fairer contract conditions and improved access to quality patient care.

Contention

Despite its potential benefits, S523 raises concerns about antitrust implications. The legislation includes provisions that require the Attorney General to approve any joint negotiation representative and contract terms to ensure that these actions do not stifle competition. Critics argue that even with safeguards, fostering collective bargaining among physicians could inadvertently lead to anticompetitive behavior, which could be detrimental both to the healthcare system and to patients seeking care. The bill aims to balance these concerns by mandating oversight and allowing the Attorney General to assess the market impact of these collective negotiations.

Companion Bills

NJ S195

Carry Over Allows physicians to jointly negotiate with carriers over contractual terms and conditions.

Previously Filed As

NJ S195

Allows physicians to jointly negotiate with carriers over contractual terms and conditions.

NJ S1479

Authorizes health care providers to negotiate with carriers regarding fee- and non-fee-related matters.

NJ S3866

Authorizes health care providers to negotiate with carriers regarding fee- and non-fee-related matters.

NJ S2626

Permits State employees not covered by collective negotiations agreements to enroll in certain negotiated health care plans.

NJ A3368

Permits State employees not covered by collective negotiations agreements to enroll in certain negotiated health care plans.

NJ SB2375

Joint negotiations by dental providers with dental insurers.

NJ S3416

Establishes additional health insurance carrier network adequacy standards with respect to certain physician specialists.

NJ S3818

Requires third-party discounts and payments for individuals covered by health benefits plans to apply to copayments, coinsurance, deductibles, or other out-of-pocket costs for covered benefits.

NJ SB912

Virginia Public Procurement Act; competitive negotiation, exceptions to contractual terms.

NJ HB242

Virginia Public Procurement Act; competitive negotiation, exceptions to contractual terms.

Similar Bills

NJ S195

Allows physicians to jointly negotiate with carriers over contractual terms and conditions.

CA AB3129

Health care system consolidation.

CA SB642

Health care: facilities: medical privileges.

TX SB7

Relating to the administration, quality, and efficiency of health care, health and human services, and health benefits programs in this state; creating an offense; providing penalties.

TX HB7

Relating to the administration, quality, and efficiency of health care, health and human services, and health benefits programs in this state.

VT H0071

An act relating to health care entity transaction oversight and clinical decision making

CA AB705

Health care: facilities: medical privileges.

CA AB1130

California Health Care Quality and Affordability Act.