Competition in State Healthcare Markets Act
- Sponsor
- Rep. Spartz, Victoria [R-IN-5]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Aug 27, 2026
Bottom line
The bill mandates a decade-long federal study to gather and publicize comprehensive data on state-level healthcare market competition and consolidation, aiming to inform future policy decisions.
What it actually does
This bill directs the Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services (HHS) to conduct an annual, 10-year study on health care competition and consolidation at the state level. The study will collect data on various metrics, including licensing requirements, mergers and acquisitions, state regulatory laws like 'certificates of public advantage' and 'certificates of need,' availability of alternative health insurance, and market concentration using the Herfindahl-Hirschman Index (HHI) for specific health services. The Assistant Secretary must consult with the Federal Trade Commission (FTC) and the Department of Justice's Antitrust Division and publish annual reports and publicly accessible datasets.
Proponents argue
Supporters argue that a lack of robust, standardized data on healthcare market dynamics at the state level hinders effective policymaking to promote competition and lower costs. This bill would provide crucial, consistent information over time, allowing policymakers to identify trends, understand the impact of state-level regulations, and develop targeted interventions to address consolidation and foster a more competitive healthcare landscape, ultimately benefiting consumers through better access and affordability.
Opponents contend
Critics might contend that while data collection is valuable, a 10-year annual study could be an expensive and potentially redundant undertaking, especially if similar data is already collected by state agencies or other federal bodies. They might also argue that simply collecting data without a clear mandate for action or specific policy recommendations could lead to bureaucratic bloat without tangible improvements in healthcare competition or consumer outcomes. Furthermore, the complexity of state-level markets might make a federal 'one-size-fits-all' data collection approach less effective.
The bill is very short and clear, making it highly accessible for any reader to understand its core purpose and mechanisms within minutes.
Section 2(a)
Mandate for Annual 10-Year Study
This provision requires the Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services (HHS) to conduct an annual study for 10 consecutive years. The study's focus is on understanding the state of competition and consolidation within healthcare markets at the state level across the United States.
Supporters argue
Supporters argue that a long-term, consistent study is essential to track evolving trends in healthcare competition and consolidation, providing a robust evidence base for future policy decisions to improve market function and consumer welfare.
Critics contend
Opponents might question the necessity of a 10-year mandate, suggesting that a shorter, more focused study or periodic updates might achieve similar goals with less administrative burden and cost.
Tradeoffs
The tension lies between the desire for comprehensive, longitudinal data to inform policy and the administrative burden and cost associated with a decade-long annual study.
Section 2(d)
Specific Data Collection Metrics
This section outlines the specific types of data the annual study must collect. These include state-level licensing requirements for healthcare professionals, details on vertical and horizontal mergers and acquisitions across various healthcare entities (hospitals, outpatient practices, insurers, etc.), the prevalence of 'certificates of public advantage' and 'certificates of need' laws, the availability of alternative health insurance options, the number of various healthcare facilities and providers, and market concentration data (Herfindahl-Hirschman Index) for key health services.
Section 2(e)
Annual Reports and Public Data Publication
This provision mandates that the Assistant Secretary submit annual reports on the study's status and results to specific committees in both the House and Senate. Furthermore, it requires the Assistant Secretary to publish these reports and make the collected data publicly available on the Office of the Assistant Secretary's website in an accessible and interactive format by the end of each of the 10 study years.