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S. 3822 (119th Congress)Committee
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Break Up Big Medicine Act

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Summary

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The bill would make it unlawful for a single entity to own or control both a health care provider or management services organization and an insurance company or pharmacy benefit manager, or both a provider/management services organization and a prescription drug or medical device wholesaler. Covered parties would be required to divest one side of the arrangement within one year of enactment, with escrow penalties for noncompliance and a divestiture trustee if needed. The Federal Trade Commission, the Department of Justice Antitrust Division, state attorneys general, the HHS Inspector General, and private individuals would be able to bring civil actions to enforce the separation, with remedies that include treble damages and disgorgement of revenue. The bill text provided was truncated, so provisions after the civil action section could not be fully reviewed.

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