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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 3170
103RD GENERAL ASSEMBL Y
6936H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 172, RSMo, by adding thereto one new section relating to the powers of the
curators of the University of Missouri.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 172, RSMo, is amended by adding thereto one new section, to be
2 known as section 172.975, to read as follows:
172.975. 1. In exerc ising the powers granted under section 172.020 and other
2 powers granted by statute or the Constitution of Missouri, the curators of the University
3 of Missouri are her eby authorized and empowered to acquir e, manage, lease, pur chase,
4 sell, or otherwise acquire an interes t in or participate in the ownership or operation of
5 hospital, medical, or other health care facilities or pr oviders located within the twenty-
6 five county ar ea described in subsection 3 of this section in accordance with agr eements
7 enter ed into by the curators of the University of Missouri and third parties, including
8 but not limited to thr ough the acquisition of entities engaged in the pr ovision of health
9 car e services or the acquisition of assets of such entities, regard less of the competitive
10 consequences of these activities. Nothing in this section req uires any entity to enter into
11 an agr eement with the curators of the University of Missouri.
12 2. The state finds that the benefits of the university engaging in the activities
13 described in this section outweigh any adverse impact on competition, and the state
14 affirmatively expr esses a policy to allow the curators of the University of Missouri to
15 engage in the activities described in this section, notwithstanding that such activities
16 may have the effect of displacing competition in the pro vision of hospital, physician, or
17 other health car e-re lated services. The engagement in such activities shall otherwise
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 r emain subject to any applicable state certificate of need laws, including the pr ovisions
19 of sections 197.300 to 197.367 and any other similar laws.
20 3. The board of curators of the University of Missouri and any public or private
21 entities and individuals with which the board collaborates shall be immunized fr om
22 liability under all federal and state antitrust laws, including section 416.031 or any
23 similar law , with r espect to the activities described in this section within the following
24 twenty-five-county ar ea: Adair , Audrain, Boone, Callaway , Camden, Chariton, Cole,
25 Cooper , Gasconade, Howard, Linn, Macon, Maries, Miller , Moniteau, Monr oe,
26 Montgomery , Morgan, Osage, Pettis, Phelps, Pike, Pulaski, Randolph, and Saline.
27 4. Nothing in this section shall be construed to grant immunity for:
28 (1) Price-fixing, bid-rigging, or market-allocation schemes deemed unlawful
29 under the Sherman Act, 15 U.S.C. Section 1, without any inquiry into their alleged
30 r easonableness; or
31 (2) Any other anticompetitive conduct for which no defense or justification is
32 allowed under applicable antitrust laws.
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HCS HB 3170 2