(b)
Application of antitrust laws to graduate medical education residency matching programs
(1)
Definitions
In this subsection:
(A)
Antitrust laws
The term “antitrust laws”—
(i)
has the meaning given such term in subsection (a) of section
12 of this title, except that such term includes section
45 of this title to the extent such section
45 applies to unfair methods of competition; and
(ii)
includes any State law similar to the laws referred to in clause (i).
(B)
Graduate medical education program
The term “graduate medical education program” means—
(i)
a residency program for the medical education and training of individuals following graduation from medical school;
(ii)
a program, known as a specialty or subspecialty fellowship program, that provides more advanced training; and
(iii)
an institution or organization that operates, sponsors or participates in such a program.
(C)
Graduate medical education residency matching program
The term “graduate medical education residency matching program” means a program (such as those conducted by the National Resident Matching Program) that, in connection with the admission of students to graduate medical education programs, uses an algorithm and matching rules to match students in accordance with the preferences of students and the preferences of graduate medical education programs.
(D)
Student
The term “student” means any individual who seeks to be admitted to a graduate medical education program.
(2)
Confirmation of antitrust status
It shall not be unlawful under the antitrust laws to sponsor, conduct, or participate in a graduate medical education residency matching program, or to agree to sponsor, conduct, or participate in such a program. Evidence of any of the conduct described in the preceding sentence shall not be admissible in Federal court to support any claim or action alleging a violation of the antitrust laws.
(3)
Applicability
Nothing in this section shall be construed to exempt from the antitrust laws any agreement on the part of 2 or more graduate medical education programs to fix the amount of the stipend or other benefits received by students participating in such programs.
(c)
Effective date
This section shall take effect on April 10, 2004, shall apply to conduct whether it occurs prior to, on, or after April 10, 2004, and shall apply to all judicial and administrative actions or other proceedings pending on April 10, 2004.