Our realistic options in health regulation.
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Because of governmental challenges, not-for-profit hospitals can no longer take for granted their right to be tax exempt. The Internal Revenue Service is auditing nearly 1,500 tax-exempt healthcare organizations to determine how accurately they are reporting unrelated business income. At greatest risk are those hospital systems that have become overly acquisitive or have strayed from the charitable mission that originally entitled them to tax exemption. To protect their tax-exempt status, currently exempt healthcare institutions must be careful that any activities, such as joint ventures and affiliate corporations, conform to their charitable mission. In the face of tougher legislation and Federal scrutiny, hospitals must make sure they are devoted to and performing a charitable purpose if they want to keep their tax-exempt status.
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To assess correctly the economic profitability of any career, it is insufficient to focus only on the income earned in practicing that career. Rather, one must also account for any costs of training and for the income that is fore-gone by not pursuing the next best alternative career; in other words, earnings must be compared to their opportunity cost. When this type of analysis is applied to a medical career, it is evident that the return to physician training has declined substantially over the last 10 years. This paper discusses the methodology for correctly computing the return to a career in medicine and suggests some reasons why that return has fallen in recent years.
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Hospitals, because of their necessary reliance on medical staff physicians in making staff privilege decisions, are particularly susceptible to claims of conspiracy in restraint of trade in violation of the Sherman Antitrust Act. Physicians and other health care providers denied professional access to hospital facilities frequently initiate federal antitrust lawsuits against hospitals and their medical staffs asserting unlawful conspiracy in restraint of their practice. Regular, consistent, and timely preventive action by a hospital can avoid or limit the hospital's exposure to the expense and uncertainty of extended and cumbersome antitrust litigation.
This article concerns the Federal Trade Commission's recent consent agreement with Preferred Physicians, Inc. ("PPT"), a corporation formed by physicians for the purpose of negotiating with HMOs and PPOs. The author comments on PPI's agreement not to negotiate on behalf of any PPI member unless and until PPI becomes an "integrated joint venture." and suggests how to insulate a physician joint venture from antitrust liability.
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