Advocacy Filings
When government bodies and other organizations consider cases or policy decisions that affect consumers or competition, the FTC may offer insight and expertise to decision makers by filing an advocacy letter. To find a specific filing, use the filters on this page.
Displaying 50 results
Displaying 1 - 50 of 778
Pages
Federal Trade Commission Comment to the Federal Communications Commission Supporting the FCC’s Proposed Expansion of Provider-Based Call-Blocking Authority in Order to Eliminate Unlawful Robocalls
Matter Number:
P034412
Docket Number:
CG Docket No. 17-59
FTC Comment to the National Telecommunications & Information Administration on “Communicating IoT Device Security Update Capability to Improve Transparency for Consumers”
Matter Number:
P175410
Comment of the Staff of the Federal Trade Commission Before the Federal Energy Regulatory Commission Concerning "Reform of Generator Interconnection Procedures and Agreements"
Matter Number:
V170004
Docket Number:
RM17-8-000
FTC Staff Comments To the Nebraska State Senate Regarding A Number of Proposed Senate Bills That Would Loosen or Eliminate Certain Occupational Licensing Requirements In Nebraska
Matter Number:
V170005
FTC Staff Comment To the Ohio State Senate Regarding the Competitive Effects of SB 330 In Increasing Access To Quality Dental Care, Including Its Provisions For Licensing Dental Therapists
Matter Number:
V170003
FTC Staff Comment to the National Telecommunications and Information Administration Regarding the Safety Working Groups “Coordinated Vulnerability Disclosure ‘Early Stage’ Template”
Matter Number:
P024807
FTC Staff Supplemental Submission to the Tennessee Department of Health Regarding the Certificate of Public Advantage Application of Mountain States Health Alliance and Wellmont Health System
Matter Number:
151 0115
FTC Staff Comment To the Delaware Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers Regarding Its Proposed Revisions To Its Telecommunication and Telehealth Regulations
Matter Number:
V170001
FTC staff submitted a comment to the Delaware Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers on its proposed regulation that would allow telepractice in those fields but require an initial in-person evaluation. Staff stated that allowing telepractice could enhance consumer choice by providing an alternative to in-person care, potentially reducing travel expenditures and increasing both access to care and competition. However, because the proposed regulation requires that all initial evaluations be conducted in person, it may unnecessarily discourage the use of telepractice and limit its potential benefits.
FTC/DOJ Joint Comment to the Federal Energy Regulatory Commission (FERC) Regarding Modifications to FERC Requirements for Review of Certain Transactions and Market-Based Rate Applications
Matter Number:
V170000
Docket Number:
RM16-21-000
The FTC and DOJ submitted a comment to FERC regarding market power in wholesale electricity markets. The comment responds to a FERC request for comments on how it assesses market power with respect to mergers and electricity sales at market-based rates, which it evaluates under the Federal Power Act (FPA). The agencies encouraged FERC not to rely solely on structural indicators of market power, such as market share or concentration, when assessing market power under FPA sections 203 and 205.
Comment of Jessica L. Rich, Director, Bureau of Consumer Protection, to the National Highway Traffic Safety Administration Supporting the Inclusion of Consumer Privacy and Cybersecurity Guidance in the Document “Federal Automated Vehicles Policy”
Matter Number:
P135405
Docket Number:
NHTSA-2016-0090
BCP Director Jessica L. Rich submitted a comment to NHTSA regarding its request for comments on proposed industry guidance for highly automated vehicles. Rich commends NHTSA for its “thoughtful consideration of the emerging issues presented by innovative technologies in vehicles, and the agency’s strong commitment to protect consumer privacy and vehicle cybersecurity in the HAV area.” Rich also commends NHTSA for “includ[ing] recommendations designed to ensure that privacy and security issues are considered throughout the vehicle lifecycle, particularly in the design phase.”
FTC Staff Submission to the Tennessee Department of Health Regarding the Certificate of Public Advantage Application of Mountain States Health Alliance and Wellmont Health System
Matter Number:
151 0115
FTC staff submitted a comment to the Tennessee Department of Health that opposes issuing a certificate of public advantage (COPA) to Mountain States Health Alliance and Wellmont Health System. If approved, the COPA could allow the merger of Mountain States and Wellmont, the two largest healthcare systems in northeast Tennessee and southwest Virginia, to proceed with regulatory oversight from the State of Tennessee. Staff expressed concern that the proposed merger of Mountain States and Wellmont would lead to significantly less competition for healthcare services in those areas.
FTC Staff Submission to the Southwest Virginia Health Authority and Virginia Department of Health Regarding Cooperative Agreement Application of Mountain States Health Alliance and Wellmont Health System
Matter Number:
151 0115
FTC staff submitted a comment to the Southwest Virginia Health Authority and the Virginia Department of Health opposing the cooperative agreement application submitted by Mountain States Health Alliance and Wellmont Health System. “The proposed merger presents substantial risk of serious competitive and consumer harm in the form of higher healthcare costs, lower quality, reduced innovation, and reduced access to care,” the written comment states.
FTC Staff Comment to the Delaware Board of Dietetics/Nutrition Regarding Its Proposed Telehealth Regulation
Matter Number:
V160015
FTC staff submitted a comment to the Delaware Board of Dietetics/Nutrition regarding its proposed telehealth regulation that would require in-person initial evaluations of patients, and then allow licensed dietitians and nutritionists to determine whether to use telehealth thereafter. Staff stated that the proposed regulation could promote the use of telehealth, potentially enhancing competition in the provision of nutrition services, as well as reducing patient travel costs.
FTC Staff Comment Before the Delaware Board of Occupational Therapy Concerning its Proposed Telehealth Regulation
Matter Number:
V160014
FTC staff submitted a comment to the Delaware Board of Occupational Therapy Practice on its proposed regulation that would likely facilitate the provision of occupational therapy services to Delaware consumers. The proposed regulation would allow licensed occupational therapists (OT) to determine whether telehealth is an appropriate level of care for a patient, and allow OTs to determine the level of supervision required for the provision of telehealth services by OTAs. Staff stated that by not imposing rigid and unwarranted in-person care and supervision requirements, the proposed telehealth regulation would likely benefit Delaware consumers.
FTC Staff Comment to the Department of Veterans Affairs: Proposed Rule Regarding Advanced Practice Registered Nurses
Matter Number:
V160013
Docket Number:
RIN 2900–AP44
FTC staff submitted a comment to the U.S. Department of Veterans Affairs regarding a proposed rule that would permit the VA to grant “full practice authority” to the four main categories of Advanced Practice Registered Nurses (APRNs), “regardless of State or local law restrictions.” Staff stated that removing the remaining state law based supervision restrictions for APRNs working within the Veterans Health Administration system could benefit VA patients nationwide “by improving access to care, containing costs, and expanding innovation in health care delivery.”
FTC Staff Comment to the Federal Communications Commission: Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991: Proposed FCC Rule Amendments To Limit Robocalls To Consumers
Matter Number:
P064803
Docket Number:
CG Docket No. 02-278
FTC staff submitted a comment to the FCC regarding proposed amendments to the FCC regulations that limit robocalls to consumers. The proposed amendments implement a recent change in the law that permits robocalls to collect debt owed to or guaranteed by the federal government without a consumer’s prior express consent. The FTC staff comment urges caution with any expansion of permissible robocalling. In the comment, FTC staff outlines the consumer protection concerns raised by these calls and recommends that the FCC create standards for collecting government debt that are consistent with several related laws enforced by the FTC.
Joint Comment of the Federal Trade Commission Staff and the Antitrust Division to North Carolina State Senator Bill Cook on North Carolina HB 436 Concerning Online Legal Forms and the Practice of Law
Matter Number:
V160012
FTC staff and the U.S. Department of Justice Antitrust Division submitted a joint comment, in response to a request from North Carolina State Senator Bill Cook, on the impact of interactive websites for generating legal forms on competition and consumers. North Carolina House Bill 436 would exclude from the statutory definition of the practice of law the operation of a website that generates legal documents based on consumer responses to questions presented by interactive software, provided certain conditions are satisfied. The comments encourage the North Carolina General Assembly to consider the benefits of interactive websites for consumers and competition in evaluating HB 436, and also recognize that such products may raise legitimate consumer protection issues.
FTC Staff Comment to the NTIA: The Benefits, Challenges, and Potential Roles for the Government in Fostering the Advancement of the Internet of Things
Matter Number:
P165403
Docket Number:
160331306-6306-01
FTC staff submitted a comment to the NTIA regarding the Internet of Things. The comment addresses a number of proposed best practices for businesses regarding the Internet of Things, providing recommendations regarding data security, data minimization, and how best to give consumers meaningful notice and choice about the collection and use of their data. The comment also addresses the potential impact on consumers and competition from creating standards that allow various Internet of Things devices to interact and work together.
FTC Staff Comment to the Federal Communications Commission: In the Matter of Protecting the Privacy of Customers of Broadband and Other Telecommunications Services
Matter Number:
P165405
Docket Number:
16-106
FTC staff submitted a comment to the FCC regarding its proposed privacy rulemaking for broadband internet access service providers. The comment responds to questions from the FCC and offers suggested changes that address a number of issues in the FCC’s notice of proposed rulemaking, including how personally identifiable information is defined, the structure of privacy notices, the role of consumer notice and choice in various business practices, and the proposed regulations on data security and breach notification.
FTC Staff/DOJ Joint Comment to Puerto Rico Legislature Regarding SB 991, Which Would Expand the Scope of Practice For Optometrists and Allow Them To Use and Prescribe Medications To Diagnose and Treat Diseases of the Eye
Matter Number:
V160011
FTC staff and DOJ submitted a comment, in response to a request from Puerto Rico Representative Jose L. Báez Rivera, regarding potential legislation to expand the scope of practice for optometrists and allow them to use and prescribe medications to diagnose and treat diseases of the eye. Currently, ophthalmologists in Puerto Rico have this authority. The statement describes the potential benefits to patients of enhanced competition among eye care providers, which may include improved access and lower prices. It recommends that the legislature “only maintain those restrictions necessary to ensure patient health and safety.”
FTC Staff Comment to the Alabama State Senate Regarding HB 241 and SB 243, Which Would Exempt Health Care Collaborations From Federal Antitrust Laws
Matter Number:
V160010
FTC staff submitted a comment, in response to a request from Alabama State Senator Larry C. Stutts, regarding proposed legislation that would permit any public university that operates a school of medicine to form a new type of corporation in Alabama, to be known as an “authority,” in collaboration “with all types of health care providers.” The Bill would exempt these authorities from the federal antitrust laws. The broad antitrust exemption the Bill purports to provide would immunize anticompetitive mergers, price fixing, boycotts, and a wide variety of other anticompetitive conduct that harms consumers.
Comment Filed by Jessica Rich on Privacy Enforcement Implications of FCC’s Proposed Set-Top Box Rulemaking
Matter Number:
P165403
Federal Trade Commission Bureau of Consumer Protection Director Jessica Rich filed a comment today with the Federal Communications Commission regarding the FCC’s proposed rulemaking to expand the commercial availability of television set-top boxes for consumers.
FTC Staff Comment to the Kentucky House of Representatives Regarding House Bill 77, Which Would Recognize and Regulate Denturists
Matter Number:
V160008
FTC staff submitted a comment, in response to a request from Kentucky State Representative Tom Burch, on the competitive implications of proposed legislation that would license and regulate denturists within Kentucky. The comment recommended that the legislature consider the potential benefits of enhanced competition among oral health care professionals, such as improved access to care, more cost-effective treatment, and the development of more effective care delivery models that may offer greater choice to health care consumers. The comment encouraged the legislature to “maintain only those scope of practice limitations necessary to ensure patient health and safety.”
FTC Staff Comment to the Alaska State Legislature Regarding Telehealth Provisions In Senate Bill 74, Which Would Allow Licensed Alaska Physicians Located Out-of-State To Provide Telehealth Services
Matter Number:
V160009
FTC staff submitted a comment, as public testimony, regarding proposed legislation that would allow licensed Alaska physicians located out-of-state to provide telehealth services in the same manner as in-state physicians. The comment noted that eliminating the in-state requirement appeared to be a procompetitive improvement in the law. The change likely would expand the supply of telehealth providers, promote competition, and increase access to safe and cost-effective care. It could also reduce transportation costs for Alaska patients and providers.
FTC Staff Comment to the West Virginia House of Delegates Regarding SB 597 and the Competitive Implications of Provisions Regarding "Cooperative Agreements" Between -- and Possible Exemptions From the Federal Antitrust Laws For -- Health Care Providers
Matter Number:
V160007
FTC staff submitted a comment, in response to a request from West Virginia State Delegate Mike Pushkin, on the competitive impact of provisions in proposed legislation that would provide for “cooperative agreements” between health care providers, and provisions purporting to confer “exemptions” from federal antitrust laws on certain health care providers. According to the comment, the bill incorrectly assumed that the antitrust laws prohibit efficient health care mergers, acquisitions, and collaborations. Given that federal and state antitrust laws already permit cooperative agreements that are likely to benefit consumers, the purported antitrust exemption would have no procompetitive application. FTC staff expressed concern “that this legislation is likely to foster mergers and conduct that are anticompetitive, inconsistent with federal antitrust law and policy, and liable to cause serious harm to West Virginia health care consumers.”
FTC and USDOJ Joint Comment to the Massachusetts House of Representatives Regarding House Bill 1973 to Allow Non-Surgical Treatment of Glaucoma by Optometrists
Matter Number:
V160006
The FTC and DOJ Antitrust Division jointly submitted a statement, in response to a request by Massachusetts State Representative Bradley H. Jones, encouraging the Massachusetts legislature to consider expanding the services that optometrists can provide to glaucoma patients, subject to certain training and referral requirements, consistent with practice in other states. The statement described the potential benefits to patients of enhanced competition among glaucoma care providers, including greater access to timely and cost-competitive care, noting that unnecessarily broad scope of practice restrictions “can impose significant competitive costs on health care consumers and other payors.” The statement recommended that the legislature restrict optometrists’ ability to treat glaucoma only to the extent necessary to ensure patient health and safety.
FTC Staff Comment to the Senate of West Virginia Concerning the Competitive Impact of WV Senate Bill 516 on the Regulation of Certain Advanced Practice Registered Nurses (APRNs)
Matter Number:
V160005
FTC staff submitted a comment, in response to a request from West Virginia State Senator Kent Leonhardt, on the competitive impact of a legislative proposal to modify the supervision requirements imposed on West Virginia APRNs. The bill would permit some APRNs, under limited conditions, to write prescriptions without a formal agreement with a particular supervising physician. The bill would also place the regulation of certain APRNs under the authority of the West Virginia Board of Medicine or Board of Osteopathy. Although the comment noted potential patient benefits if APRNs were able to engage in some independent prescribing, the comment emphasized that undue regulatory restrictions on APRN practice, including mandatory physician oversight, can impose significant competitive costs on patients and third-party payors, and may frustrate the development of innovative and effective models of team-based health care. The comment also noted that because the bill “would assign regulatory authority over APRN prescribing to the Boards of Medicine and Osteopathy, it raises concerns about potential biases and conflicts of interest.” The comment urged the legislature to consider whether these proposed requirements are necessary to assure patient safety, noting that removing unnecessary and burdensome requirements may benefit West Virginia consumers by increasing competition among health care providers.
FTC Staff Comment to Georgia State Senator Valencia Seay Concerning Georgia House Bill 684
Matter Number:
V160004
FTC staff submitted a comment, in response to a request from Georgia State Senator Valencia Seay, regarding proposed legislation that would broaden the types of settings under which Georgia dental hygienists are allowed to provide preventive care without direct on-site supervision by a dentist, thereby aligning Georgia’s supervision requirements with those in most other states. Direct supervision requirements may leave dental hygienists unable to provide care in locations where dentists are scarce or unavailable. The comment said that fewer restrictions on dental hygienists likely would enhance competition in the provision of preventive dental care services and thereby benefit Georgia consumers, particularly underserved populations with limited access to preventive care.
Joint Statement of the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice on Certificate-of-Need Laws and South Carolina House Bill 3250
Matter Number:
V160003
The FTC and DOJ Antitrust Division jointly submitted a statement, in response to a request by South Carolina Governor Nikki Haley, regarding the competitive implications of CON laws and a legislative proposal that ultimately would repeal South Carolina’s CON laws. The statement explained that the agencies historically have urged states to consider repeal or reform of their CON laws because they can prevent the efficient functioning of health care markets, and thus can harm consumers. As the statement described, CON laws create barriers to expansion, limit consumer choice, and stifle innovation. They can also deny consumers the benefit of an effective remedy for antitrust violations and can facilitate anticompetitive agreements. In addition, incumbent providers seeking to thwart or delay entry by new competitors may use CON laws to that end. Arguments favoring CON laws have not been supported by the evidence, the statement noted.
FTC Staff Reply Comment Before the State of New York Public Service Commission in the Reforming the Energy Vision Proceeding, Concerning the NY PSC Staff White Paper on Ratemaking and Utility Business Models
Matter Number:
V140012
Docket Number:
14-M-0101
FTC staff submitted a comment in the New York State Public Service Commission’s (NY PSC’s) Reforming the Energy Vision (REV) proceeding regarding that agency’s “Staff White Paper on Ratemaking and Utility Business Models.” The comment suggests that the White Paper, which describes the REV’s objectives only in terms of lower prices or lower power bills, should also focus on improvements to electric system efficiency and on increases in the value that customers derive from customized electricity services. The comment encourages the NY PSC to consider concerns about potential cross-subsidization by distribution utilities and unfair competition in services that independent firms provide to DER investors, owners, and organizers. It also suggests adjustments to some of the distribution utilities’ financial incentives in order to improve customer benefits and avoid harm to competition and efficiency.
FTC Staff Comment to South Carolina Representative Jenny A. Horne regarding House Bill 3508 and 3078 on Advanced Practice Registered Nurse Regulations
Matter Number:
V160000
FTC staff submitted a comment, in response to a request from South Carolina State Representative Jenny A. Horne, on the competitive impact of legislative proposals to modify the supervision requirements imposed on South Carolina APRNs. One bill would impose additional supervision requirements, while another would remove some supervision requirements. The comment stated that undue regulatory restrictions on APRN practice can impose significant competitive costs on patients and third-party payors, and may frustrate the development of innovative and effective models of team-based health care. FTC staff urged the legislature to avoid restrictions on APRN practice that are not narrowly tailored to address well-founded patient safety concerns and to consider the potential benefits of enhanced competition by APRNs, including lower costs, additional innovation, and improved access to health care.
FTC Staff Comment Submitted to the Food and Drug Administration, In Response to FDA's Request For Comments on Its Guidance for Industry on the “Nonproprietary Naming of Biological Products; Draft Guidance for Industry; Availability”
Matter Number:
P131208
Docket Number:
FDA-2013-D-1543 [80 Fed. Reg. 52296 (Aug. 28, 2015)]
FTC staff submitted a comment to the FDA, in response to the FDA’s request for comment on its draft guidance addressing nonproprietary names for biological products. The comment expressed concern that the FDA draft guidance might hinder competition, and recommended that the agency consider alternatives. In particular, the comment suggested that the FDA’s proposal to add a new, random suffix to the nonproprietary name of each biological product might cause physicians to believe mistakenly that the products necessarily have clinically meaningful differences, potentially resulting in reduced price competition in biologic drug markets, as well as unnecessary costs and conflicts with efforts toward global naming harmonization. The comment suggested alternatives that would have less impact on competition but could still achieve the FDA’s goals of improving pharmacovigilance, minimizing inadvertent substitution of biological products that the FDA has not determined to be interchangeable, and improving the reporting of adverse events involving biologics.
Joint Statement of the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice to the Virginia Certificate of Public Need Work Group
Matter Number:
V150011
The FTC and DOJ Antitrust Division jointly submitted a statement, in response to a request by Virginia State Delegate Kathy Byron, suggesting that Virginia consider whether its COPN program best serves the needs of its citizens. The statement explained that the agencies historically have urged states to consider repeal or reform of their CON laws because they can prevent the efficient functioning of health care markets, and thus can harm consumers. As the statement described, CON laws create barriers to expansion, limit consumer choice, and stifle innovation. They can also deny consumers the benefit of an effective remedy for antitrust violations and can facilitate anticompetitive agreements. In addition, incumbent providers seeking to thwart or delay entry by new competitors may use CON laws to that end. Arguments favoring CON laws have not been supported by the evidence, the statement noted.
FTC Staff Comment Before the Pennsylvania House of Representatives Regarding Proposed Legislation to Regulate Pre-Need Cemetery and Funeral Merchandise Sales
Matter Number:
V150014
FTC staff submitted a comment, in response to a request from Pennsylvania State Representative Robert W. Godshall, on legislative proposals that would further regulate the pre-need sale of cemetery and funeral merchandise and services in Pennsylvania. “The bills, if enacted, appear to impose additional restrictions and requirements on cemeteries that engage in the pre-need sale of cemetery goods,” the comment states. “These provisions could lessen competition, resulting in potentially higher prices and fewer options for consumers, without countervailing benefits to consumers.” The staff comment addresses three main issues: (1) prohibitions on the pre-need delivery and installation of cemetery merchandise, (2) requirements for merchandise trust funds and refunds when a consumer breaches a pre-need contract, and (3) compliance with the FTC’s Funeral Rule requirements for the sale of merchandise by sellers not covered by the Rule versus specifying state-specific requirements governing such sellers and sales.
FTC Staff Comment to the Tennessee Department of Health Regarding the Implementation of Laws Relative to Cooperative Agreements and the Granting of Certificates of Public Advantage
Matter Number:
V150013
Docket Number:
Proposed Chapter 1200-38-01 of the Hospital Cooperation Act of 1993
FTC staff submitted comments to the Virginia and Tennessee health departments, in response to calls for public comments, as part of those agencies’ respective processes to promulgate proposed rules regarding hospital cooperation agreements in their states. FTC staff offered assistance to each of the two health departments during their reviews of any cooperation agreement applications, to help ensure that any decisions regarding the potential benefits and disadvantages of a proposal are based on a rigorous competition analysis. The comments also reiterated the FTC’s longstanding position that legislation purporting to grant antitrust immunity is unnecessary to encourage procompetitive collaborations among health care providers because such arrangements already would pass muster under the antitrust laws; therefore the new schemes for cooperation agreements would be likely to harm Virginia and Tennessee health care consumers.
FTC Staff Comment to the Virginia Department of Health Regarding Virginia's Rules and Regulations Governing Cooperative Agreements
Matter Number:
V150012
Docket Number:
12 Virginia Administrative Code 5, Chapter 221
FTC staff submitted comments to the Virginia and Tennessee health departments, in response to calls for public comments, as part of those agencies’ respective processes to promulgate proposed rules regarding hospital cooperation agreements in their states. FTC staff offered assistance to each of the two health departments during their reviews of any cooperation agreement applications, to help ensure that any decisions regarding the potential benefits and disadvantages of a proposal are based on a rigorous competition analysis. The comments also reiterated the FTC’s longstanding position that legislation purporting to grant antitrust immunity is unnecessary to encourage procompetitive collaborations among health care providers because such arrangements already would pass muster under the antitrust laws; therefore the new schemes for cooperation agreements would be likely to harm Virginia and Tennessee health care consumers.
FTC Staff Reply Comment Before the State of New York Public Service Commission in the Reforming the Energy Vision Proceeding, Responding To Third-Party Comments on the NY PSC Benefit-Cost Analysis
Matter Number:
V140012
Docket Number:
Case 14-M-0101
The FTC staff submitted a reply comment to the New York State Public Service Commission (NY PSC) regarding that agency’s Reforming the Energy Vision (REV) proceeding. The FTC staff comment recommended that the principles set forth in the NY PSC Staff White Paper on Benefit-Cost Analysis (Staff BCA) recognize how customers can benefit from a greater ability to match the electric services they receive to their preferences among such services. The comment also noted that the principles need to take into account a broader spectrum of benefit and cost criteria, such as service quality, customization of services to match customer preferences, and the effects of increased competition on price. It also suggested that the Staff BCA include sensitivity analysis to allow electricity distributors and the NY PSC to respond appropriately if future technological, economic, and environmental conditions differ from conditions that the Staff BCA currently anticipates.
FTC Staff Comment Before the Food and Drug Administration Regarding the Current Use of Human Drug and Biological Products Labeled As Homeopathic, and the FDA's Regulatory Framework For Such Products
Matter Number:
P114505
Docket Number:
80 Fed. Reg. 16327 (Mar. 27, 2015)
FTC staff has recommended that the U.S. Food and Drug Administration (FDA) reconsider the framework it uses to regulate homeopathic medications because it may appear to conflict with the FTC’s advertising substantiation doctrine in ways that could harm consumers and cause confusion for advertisers. The comment discusses the mistaken belief by some advertisers that homeopathic products that are in compliance with the FDA policy guide do not have to comply with FTC advertising substantiation requirements. The comment also raises the concern that the FDA’s current framework may lead some companies to skirt more stringent regulations for OTC drug products or dietary supplements simply by labeling them as homeopathic or combining homeopathic ingredients with dietary supplements or other non-homeopathic ingredients.
FTC Staff Comment, and Concurring Comment of Commissioner Wright, Regarding North Carolina House Bill 200, Which Would Exempt Diagnostic Centers, Ambulatory Surgical Facilities and Psychiatric Hospitals From Certificate of Need Regulation
Matter Number:
V150009
FTC staff submitted a comment, in response to a request by North Carolina State Representative Marilyn W. Avila, regarding the possible competitive effects of a legislative proposal to exempt diagnostic centers, ambulatory surgical facilities and psychiatric hospitals in North Carolina from CON laws. The staff comment expressed support for the bill. As the comment explained, CON laws can restrict entry and expansion, limit consumer choice, and stifle innovation. Additionally, the CON process can be exploited by firms to thwart or delay entry by new competitors and can obstruct efforts to restore competition that has been lost to an anticompetitive merger.
FTC Staff Comment Regarding Amendments to the Minnesota Government Data Practices Act Regarding Health Care Contract Data, Which Would Classify Health Plan Provider Contracts As Public Data
Matter Number:
V150008
Docket Number:
N/A
FTC staff submitted a comment, in response to a request by Minnesota state legislators Joe Hoppe and Melissa Hortman, regarding the possible competitive effects of a recently enacted amendments to the Minnesota Government Data Practices Act that would treat the State’s health plan contract terms as presumptively government records that the public can ask to see by making a freedom of information request. According to the staff comment, disclosing the negotiated terms of health plan contracts may offer little benefit to health care consumers but could pose a substantial risk of reducing competition in health care markets. For example, the amendments may lead to the disclosure of competitively sensitive price and cost information that could enable health care providers to see what terms health plans are offering their competitors and to use that information against the plans during negotiations. Such disclosure of price and cost information could also enable competing health care providers to agree in advance on terms that they each will offer to health plans, instead of trying to outbid each other by offering better terms to win the contract. These concerns are heightened in Minnesota’s health care markets, which already see reduced competition because there are fewer competing providers.
FTC Staff Comment to New York State Senator Ranzenhofer and New York State Assemblyman Abinanti Concerning SB 2647 and AB 2888 Authorizing Certain Agreements for the Creation and Operation of a Health Care Delivery System Network
Matter Number:
V150005
FTC staff submitted a comment to New York Senator Michael H. Ranzenhofer and New York Assemblyman Thomas Abinanti regarding the possible effects of a legislative proposal that would authorize Erie County Medical Center Corporation and Westchester County Health Care Corporation to collaborate with other public and private health care providers and payers. The proposed legislation would provide them and their collaborating entities with broad immunity from liability under federal and state antitrust laws – even though this purported immunity would cover the kinds of information sharing and joint contract negotiation that are likely to result in reduced competition and higher prices for consumers. “Because procompetitive or competitively benign health care collaborations already are permissible under the antitrust laws, the main effect of this legislation is to immunize conduct that would not generate efficiencies that are greater than consumer harms, and therefore would not pass muster under the antitrust laws,” the staff comment stated.
FTC Staff Comment Regarding Oregon Senate Bill 231A, Which Includes Language Intended To Provide Federal Antitrust Immunity To Conversations, Information Exchanges, and Agreements Among Participants (Including Competitors) In Oregon's Health Care Markets
Matter Number:
V150007
FTC staff submitted a comment, in response to a request by Oregon State Senator Chip Shields, expressing concern that a broad antitrust exemption proposed in Oregon Senate Bill 231A for health care collaborations was unnecessary because antitrust law already permits such efforts that benefit consumers. While staff commended the underlying goal of the bill – to study and improve the delivery of primary care services to Oregon health care consumers, and to promote new collaborations among Oregon health care providers, payers, and other industry participants – the letter maintained that the broad purported antitrust exemption was based on misunderstandings about application of the antitrust laws to such endeavors. “FTC staff respectfully suggests that the proposed Bill is likely to lead to increased health care costs and decreased access to health care services for Oregon consumers.”
FTC Staff Comment Supporting Michigan Senate Bill 268, And Recommending That the Michigan Legislature Consider Expanding the Bill To Permit Automobile Manufacturers To Sell New Motor Vehicles Directly To Consumers
Matter Number:
V150004
FTC staff submitted a comment, in response to a request from Michigan State Senator Darwin L. Booher, on the possible competitive effects of a legislation that would permit manufacturers of a category of vehicles, “autocycles,” to choose whether to sell directly to consumers, through dealers, or through some combination of the two. The staff comment states that the bill is likely to promote competition and benefit consumers by opening this category of motor vehicles to competition in methods of distribution. However, in the staff’s view, the bill “does not go far enough,” and would “largely perpetuate the current law’s protectionism for independent franchised dealers, to the detriment of Michigan car buyers.” The comment urges Michigan lawmakers to consider repealing the ban on direct-to-consumer sale of motor vehicles by auto manufacturers, and instead “permit manufacturers and consumers to reengage the normal competitive process that prevails in most other industries.”
Comment of the United States Federal Trade Commission and the United States Department of Justice Before the United States Department of Commerce Patent and Trademark Office: In the Matter of Request For Comments On Enhancing Patent Quality
Matter Number:
V150006
Docket Number:
PTO-P-2014-0043
The FTC and the Department of Justice jointly submitted comments to the United States Patent and Trademark Office (PTO) in response to the PTO’s comprehensive initiative to increase the quality of granted patents. The PTO initiative focuses on excellence in work products, measuring patent quality, and customer service. The comments commend the PTO for its continuing efforts to enhance patent quality, and support efforts to give clearer notice of the boundaries of claimed inventions. “Clearer patent notice can encourage market participants to collaborate, transfer technology, or – in some cases – to design-around patents, thus leading to a more efficient marketplace for intellectual property and the goods and services that practice such rights,” the comments state.
FTC Staff Comment To the New York State Department of Health Regarding the Potential Competitive Impact of COPA Applications Filed by Adirondack Health Institute PPS, Advocate Community Partners PPS, and Staten Island PPS
Matter Number:
V150005
In a comment to the New York State Department of Health, FTC staff expressed concern that New York’s COPA regulations – which purport to provide antitrust immunity to certain approved health care collaboratives – are unnecessary because antitrust law already permits health care collaborations that benefit consumers. The comment expressed “strong concerns that the COPA regulations, as well as the underlying authorizing legislation, are based on inaccurate premises about the antitrust laws and the value of competition among health care providers.” The comment opined that allowing certain health care collaboratives to obtain COPA approval was likely to lead to increased health care costs and decreased access to health care services for New York consumers.
FTC Staff Comment To Representative Jeanne Kirkton, Missouri House of Representatives, Regarding the Competitive Impact of Missouri House Bill 633 On Collaborative Practice Arrangements Between Physicians and Advance Practice Registered Nurses
Matter Number:
V150002
FTC staff submitted a comment, in response to a request from Missouri State Representative Jeanne Kirkton, regarding legislation that would amend Missouri’s Nurse Practice Act to remove some, and impose other, constraints on collaborative practice arrangements between physicians and APRNs. As stated in the comment, FTC staff encourages the legislature to “scrutinize claimed health and safety justifications for its current supervision and collaboration requirements, review carefully whether any claims of potential patient harm are adequately substantiated and well founded, and evaluate whether the collaboration requirements are warranted. . . . If APRNs and other health care professionals are permitted to practice to the extent of their education, training, and abilities, the state could benefit from enhanced competition, including potentially lower costs and greater patient access to care.”
FTC Staff Comment Before the Office of the National Coordinator For Health Information Technology, Regarding Its Draft Shared Nationwide Interoperability Roadmap For Health Information Technology Systems
Matter Number:
V150003
FTC staff submitted a comment to ONC, in response to ONC’s request for comments on its draft Shared Nationwide Interoperability Roadmap. The comment offered guidance on promoting competition (as well as the privacy and security of consumer data) as part of ONC’s plan to increase the adoption of interoperable health IT systems by 2024. With respect to competition issues, the comment encouraged ONC to consider how the economic interests of health care providers and health IT vendors align with the benefits of interoperability, such as lower health care costs, improved population health, empowered consumers and ongoing innovation. The comment also offered guidance on shared governance mechanisms and the development of technical standards. To balance the benefits of standard setting, such as lower switching costs and reduced barriers to entry, with its potential risks, the staff comment encouraged ONC “to consider taking steps to ensure that coordinated governance by market participants does not unduly distort competition.”
