WASHINGTON, DC -- The American Association of Neurological Surgeons (AANS) and the Congress of Neurological Surgeons (CNS) endorsed the "Health Care Antitrust Improvement Act of 2002," introduced today by Representatives Bob Barr (R-GA) and John Conyers (D-MI). This bipartisan legislation will allow physicians to jointly negotiate the terms and conditions of their contracts with health plans without subjecting them to per se violations of the antitrust laws. Under the bill, negotiations between a group of health care professionals and a health plan will be judged under the "rule of reason." The bill also authorizes the U.S. Department of Justice to conduct demonstration projects, which will explore different mechanisms for bringing the appropriate balance of power to the health care market to ensure competition and quality health care.

According to a recently released AMA-commissioned study, "Competition in Health Insurance: A Comprehensive Study of U.S. Markets," in many parts of the country, health insurance markets are dominated by a few companies that have significant power over the market place. Because they also benefit from a special exemption from the antitrust laws, health plans are in a position to engage in anti-competitive practices that are detrimental to patient care. For example, physicians are often presented contracts on a "take it or leave it" basis. These contracts include many restrictive provisions, which limit patient treatment options.

The AANS and CNS believe that the "Health Care Antitrust Improvement Act of 2002," responds to this anti-consumer practice by leveling the playing field between health plans and physicians so doctors can band together to jointly negotiate the terms of their contracts without violating the antitrust laws. "This is a patients rights bill," said Stan Pelofsky, MD, President of the AANS. "One of the first things that physicians will demand is a greater right to practice their profession and care for patients as they see fit."

"Physicians and patients, not health insurance companies, should be the ones making medical decisions," said Stephen Papadopoulos, MD, President of the CNS. "This bill will help ensure that this happens." Echoing these remarks at a press conference unveiling the bill, Gary Dennis, MD, a neurosurgeon from Washington, DC, stated that "this legislation is an important step in shifting medical decision making power away from health plans and back to physicians and patients, where it belongs."

The AANS and CNS are working with other health care organizations, including the American Medical Association, to achieve passage of this important patient care legislation.

The AANS, founded in 1931, and the CNS, founded in 1951, are the two largest scientific and educational associations for neurosurgical professionals in the world. These groups represent approximately 5,200 neurosurgeons in the United States, Canada, Mexico, Europe and the Pacific Rim. Neurosurgery is the surgical specialty concerned with the prevention, diagnosis, treatment and rehabilitation of disorders that affect the spine, brain, nervous system, and peripheral nerves.