H.R. 3017 — Measuring State Healthcare Freedom Act

This section directs the Assistant Secretary for Planning and Evaluation at the Department of Health and Human Services to conduct an annual study for 10 years, beginning in the year following enactment, on health care competition and consolidation at the state level. The study must consult with the Federal Trade Commission (FTC) chair and Department of Justice Antitrust Division assistant attorney general; secure necessary data from the FTC; and collect data on (1) state licensing requirements for health care practitioners; (2) mergers and acquisitions involving hospitals, ambulatory practices, ambulatory surgical centers, health insurers, habilitative service providers, and telehealth; (3) state laws on certificates of public advantage for hospital mergers and certificates of need for health care facility construction; (4) availability of alternative insurance such as short-term limited duration insurance and association health plans; (5) annual start- and end-of-year counts of hospitals, medical practices, ambulatory practices, ambulatory surgical centers, health insurers, and habilitative service providers; and (6) Herfindahl-Hirschman Index for general acute care hospital services, ambulatory medical services by specialty, and habilitative services within geographic areas defined in consultation with the FTC Bureau of Competition. This section further requires the Assistant Secretary to submit annual reports on the study to the House Energy and Commerce and Ways and Means Committees and Senate Finance and Health, Education, Labor, and Pensions Committees; publish the reports on the Office of the Assistant Secretary website; and make the underlying data publicly available on that website in an interactive format.