H.R. 10177House119th Congress (2025-2027)In Committee

Competition in State Healthcare Markets Act

To direct the Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services to conduct an annual study on health care competition and consolidation at the State level.

Introduced August 27, 2026

AI-Generated Summary

Updated August 28, 2026 at 8:26 AM UTC

The Competition in State Healthcare Markets Act requires the Department of Health and Human Services to carry out a ten‑year, yearly study of how health‑care markets compete and consolidate within each state. The study is meant to give policymakers data on licensing rules, mergers, state regulations, insurance options, provider counts and market concentration, and the findings must be reported to Congress and made publicly available.

Key Provisions

  • The HHS Assistant Secretary for Planning and Evaluation must conduct an annual study for ten years on state‑level health‑care competition and consolidation.
  • The study must be done in consultation with the FTC chair and the DOJ Antitrust Division head, and may use data from the FTC.
  • Data collected must cover practitioner licensing requirements, hospital and provider mergers, state laws on hospital merger approvals and facility construction, availability of short‑term and association health plans, counts of hospitals, practices, surgical centers, insurers and habilitative providers, and market concentration measured by the Herfindahl‑Hirschman Index.
  • Each year a report must be sent to the relevant House and Senate committees and posted online, with the underlying data made publicly accessible and interactive.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on Energy and Commerce.

August 27, 2026

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HouseIntro Referral

Introduced in House

August 27, 2026

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

August 27, 2026

Bill Text

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Introduced in HouseIssued August 27, 2026

I

119th CONGRESS

2d Session

H. R. 10177

IN THE HOUSE OF REPRESENTATIVES

August 27, 2026

Mrs. Spartz introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To direct the Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services to conduct an annual study on health care competition and consolidation at the State level.

1.

Short title

This Act may be cited as the Competition in State Healthcare Markets Act.

2.

Annual study on health care competition and consolidation at State level

(a)

In general

Over each of the 10 years following the date of enactment of this Act, the Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services (in this section referred to as the Assistant Secretary) shall conduct a study on health care competition and consolidation at the State level.

(b)

Consultation

In conducting the study under this section, the Assistant Secretary shall consult with the Chair of the Federal Trade Commission and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice.

(c)

Obtaining data

The Assistant Secretary may secure from the Federal Trade Commission information necessary to enable the Assistant Secretary to carry out subsection (d)(2). Upon request of the Assistant Secretary, the Chair of the Federal Trade Commission shall furnish that information to the Assistant Secretary.

(d)

Metrics

The study under this section shall include data collection on each of the following:

(1)

Licensing requirements for doctors, nurses, and other health care practitioners, including requirements with respect to—

(A)

initial licensure;

(B)

ongoing maintenance of licensure;

(C)

specific training and postgraduate and continuing medical education;

(D)

residency supervisory requirements; and

(E)

board certification.

(2)

Mergers and acquisitions (both vertical and horizontal), involving—

(A)

hospitals;

(B)

ambulatory or outpatient practices;

(C)

ambulatory surgical centers;

(D)

health insurance providers;

(E)

habilitative service providers (such as providers of physical therapy or occupational therapy); and

(F)

telehealth.

(3)

The number of—

(A)

State laws establishing a legal mechanism by which a State approves mergers between or among two or more hospitals (commonly referred to as certificates of public advantage); and

(B)

State laws establishing a legal mechanism for regulating the growth of construction of new health care facilities (commonly referred to as certificates of need).

(4)

The availability of alternative forms of health insurance coverage, including—

(A)

short-term limited duration insurance (as defined for purposes of section 2791(b)(5) of the Public Health Service Act (42 U.S.C. 300gg–91(b)(5)); and

(B)

association health plans (including plans offered through the American Farm Bureau Federation).

(5)

The number of each of the following in operation at the start and the end of each year covered by the 10-year study period:

(A)

Hospitals.

(B)

Medical practices.

(C)

Ambulatory or outpatient practices.

(D)

Ambulatory surgical centers.

(E)

Health insurance providers.

(F)

Habilitative service providers.

(6)

The Herfindahl–Hirschman Index, within geographic areas defined by the Assistant Secretary in consultation with the Bureau of Competition of the Federal Trade Commission, for the following health care services:

(A)

General acute care hospital services.

(B)

Ambulatory or outpatient medical services, disaggregated by medical specialty.

(C)

Habilitative services.

(e)

Annual reports

(1)

In general

Not later than the end of each of the 10 years referred to in subsection (a), the Assistant Secretary shall submit to the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives and the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the status and results of the study under this section.

(2)

Publication; publicly accessible datasets

Not later than the end of each of the 10 years referred to in subsection (a), the Assistant Secretary shall—

(A)

publish on the website of the Office of the Assistant Secretary the report submitted under paragraph (1) for the respective year; and

(B)

make the data collected through the study under this section available to the public on such website in a manner that is publicly accessible and interactive.