text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Community Pharmacy Fairness Act of 
  2007''.
  
  SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO INDEPENDENT PHARMACIES 
                NEGOTIATING WITH HEALTH PLANS.
  
      (a) In General.--Any independent pharmacies who are engaged in 
  negotiations with a health plan regarding the terms of any contract 
  under which the pharmacies provide health care items or services for 
  which benefits are provided under such plan shall, in connection with 
  such negotiations, be entitled to the same treatment under the 
  antitrust laws as the treatment to which bargaining units which are 
  recognized under the National Labor Relations Act (29 U.S.C. 151 et 
  seq.) are entitled in connection with activities described in section 7 
  of such Act (29 U.S.C. 157). Such a pharmacy shall, only in connection 
  with such negotiations, be treated as an employee engaged in concerted 
  activities and shall not be regarded as having the status of an 
  employer, independent contractor, managerial employee, or supervisor.
      (b) Protection for Good Faith Actions.--Actions taken in good faith 
  reliance on subsection (a) shall not be the subject under the antitrust 
  laws of criminal sanctions nor of any civil damages, fees, or penalties 
  beyond actual damages incurred.
      (c) No Change in National Labor Relations Act.--This section 
  applies only to independent pharmacies excluded from the National Labor 
  Relations Act. Nothing in this section shall be construed as changing 
  or amending any provision of the National Labor Relations Act, or as 
  affecting the status of any group of persons under that Act.
      (d) Effective Date.--The exemption provided in subsection (a) shall 
  apply to conduct occurring beginning on the date of the enactment of 
  this Act.
      (e) Limitation on Exemption.--Nothing in this section shall exempt 
  from the application of the antitrust laws any agreement or otherwise 
  unlawful conspiracy that excludes, limits the participation or 
  reimbursement of, or otherwise limits the scope of services to be 
  provided by any independent pharmacy or group of independent pharmacies 
  with respect to the performance of services that are within their scope 
  of practice as defined or permitted by relevant law or regulation.
      (f) No Effect on Title VI of Civil Rights Act of 1964.--Nothing in 
  this section shall be construed to affect the application of title VI 
  of the Civil Rights Act of 1964.
      (g) No Application to Specified Federal Programs.--Nothing in this 
  section shall apply to negotiations between independent pharmacies and 
  health plans pertaining to benefits provided under any of the 
  following:
              (1) The Medicaid Program under title XIX of the Social 
          Security Act (42 U.S.C. 1396 et seq.).
              (2) The State Children's Health Insurance Program (SCHIP) 
          under title XXI of the Social Security Act (42 U.S.C. 1397aa et 
          seq.).
              (3) Chapter 55 of title 10, United States Code (relating to 
          medical and dental care for members of the uniformed services).
              (4) Chapter 17 of title 38, United States Code (relating to 
          Veterans' medical care).
              (5) Chapter 89 of title 5, United States Code (relating to 
          the Federal employees' health benefits program).
              (6) The Indian Health Care Improvement Act (25 U.S.C. 1601 
          et seq.).
      (h) Definitions.--For purposes of this section:
              (1) Antitrust laws.--The term ``antitrust laws''--
                      (A) has the meaning given it in subsection (a) of 
                  the first section of the Clayton Act (15 U.S.C. 12(a)), 
                  except that such term includes section 5 of the Federal 
                  Trade Commission Act (15 U.S.C. 45) to the extent such 
                  section 5 applies to unfair methods of competition; and
                      (B) includes any State law similar to the laws 
                  referred to in subparagraph (A).
              (2) Health plan and related terms.--
                      (A) In general.--The term ``health plan''--
                              (i) means a group health plan or a health 
                          insurance issuer that is offering health 
                          insurance coverage;
                              (ii) includes a prescription drug plan 
                          offered under part D of title XVIII of the 
                          Social Security Act and a Medicare Advantage 
                          plan offered under part C of such title; and
                              (iii) includes any entity  that contracts 
                          with such a plan or issuer for the 
                          administering of services under the plan or 
                          coverage.
                      (B) Health insurance coverage; health insurance 
                  issuer.--The terms ``health insurance coverage'' and 
                  ``health insurance issuer'' have the meanings given 
                  such terms under paragraphs (1) and (2), respectively, 
                  of section 733(b) of the Employee Retirement Income 
                  Security Act of 1974 (29 U.S.C. 1191b(b)).
                      (C) Group health plan.--The term ``group health 
                  plan'' has the meaning given that term in section 
                  733(a)(1) of the Employee Retirement Income Security 
                  Act of 1974 (29 U.S.C. 1191b(a)(1)).
              (3) Independent pharmacy.--The term ``independent 
          pharmacy'' means a pharmacy which is not owned (or operated) by 
          a publicly traded company. For purposes of the previous 
          sentence, the term ``publicly traded company'' means a company 
          that is an issuer within the meaning of section 2(a)(7) of the 
          Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a)(7)).
target: Community Pharmacy Fairness Act of 2007 - Entitles independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services to the same treatment under the antitrust laws as the treatment to which bargaining units recognized under the National Labor Relations Act are entitled. Treats such a pharmacy as an employee engaged in concerted activities in connection with such negotiations.
  
  Exempts actions taken in good faith reliance on this Act from being subject to criminal sanctions or civil penalties beyond actual damages incurred.
  
  Prohibits: (1) exempting from the antitrust laws any agreement or otherwise unlawful conspiracy that excludes, limits the participation or reimbursement of, or otherwise limits the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation; and (2) applying this Act to negotiations between independent pharmacies and health plans pertaining to federal health benefits.
feat_title: A bill to ensure and foster continued patient safety and quality of care by making the antitrust laws apply to negotiations between groups of independent pharmacies and health plans and health insurance issuers (including health plans under parts C and D of the Medicare Program) in the same manner as such laws apply to protected activities under the National Labor Relations Act.