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Antitrust implications of alternative delivery systems.

Collaborative arrangements between clinical labs have created new opportunities for market development and the efficient delivery and production of services. As with any joint effort between otherwise competing entities, however, these arrangements are subject to federal and, some cases, state antitrust laws designed to ensure that the market performs in the most efficient way possible, a result believed best achieved through the preservation of competition. As a result, both the formation and operation of the new arrangement will be analyzed to ensure that its anticompetitive effects, if any, are minimal and are outweighed by the arrangement's procompetitive efficiencies. At the formation stage, the new entity will be analyzed to determine whether the participants would be able to exercise market power, which, in antitrust jargon, means the ability to raise prices above the competitive level. At the operational stage, the new entity will be analyzed to determine whether agreements among participants, primarily agreements on price, are necessary for the efficient operation of the new enterprise. This article addresses these basic antitrust principles.

Antitrust Laws↗

Hospital cost shifting, a continuing debate.

This Issue Brief examines the evidence on hospital cost shifting. It defines cost shifting, explores the incentives facing hospitals and payers, reviews and critiques the new evidence on cost shifting, and discusses the policy concerns that arise from the new learning. Cost shifting has a precise and easily understood meaning. It does not mean that some payers pay different prices than others. Different prices are commonplace throughout the economy. Rather, cost shifting exists when the prices faced by one group of payers are higher because another group pays less. To be able to cost shift, a hospital must have market power, and it must not yet have fully exercised that power. There has been a spate of recent cost-shifting studies. The better known studies focus on industrywide, revenue-to-cost margins by payer. They find that the extent of cost shifting declined in the mid-1990's. The methods underlying these studies have been criticized in the academic literature, with the strong suggestion that the studies overstate any true cost shifting. Cross-sectional studies compared measures of prices across individual hospitals. These studies have failed to find evidence of hospital cost shifting. However, they suffer from a potential inability to control for levels of service, quality, and amenities that may simultaneously have changed as well. Dynamic studies compare individual measures of hospital prices through time and allow each hospital to serve as its own control. These studies find no evidence of hospital cost shifting. As one analysis concluded: "We found no evidence to suggest that cost-shifting strategies that might protect hospital revenues in the face of financial pressure were undertaken successfully." Rather than cost shifting, the existing evidence points to hospital competition limiting the provider's ability to raise prices. Whatever market power hospitals once enjoyed is disappearing--and with it the ability to cost shift. This research suggests that Medicare reform or Medicaid restructuring will have little direct effect on the hospital prices that employers and their workers pay for health care. The author argues that cost shifting is dead. However, the increased hospital competition necessarily squeezes hospital profits. This reduces the amount of charity care they can provide. Expect to see more and more examples of hospitals unable to provide care to nonpaying patients. This also suggests that care for the indigent will become a more pronounced public issue. This is a form of "cost" shifting, one that the "system" will need to deal with.

Cost Allocation↗

The 1996 Justice Department/FTC statements on physician joint ventures and multiprovider organizations.

The 1996 Justice Department/FTC statements suggest that under some market conditions, competitors who are members of a provider organization may fix prices if the agreement on price is reasonably necessary and subordinate to potential efficiencies created by the group. The author discusses to what extent agencies' statements protect an agreement on price among competitors from being challenged under the antitrust laws.

Antitrust Laws↗

Seven steps for adding value to integrated delivery systems.

"Value is a spectrum of needs that you seek to fulfill," says Dean C. Coddington, senior author of Making Integrated Health Care Work. And adding value to products and services is becoming more crucial as healthcare organizations look for ways to stand out among competitors. The seven basic components of value for an integrated system, says Mr. Coddington, are improving quality of care, improving service, improving accessibility, reducing unit costs, increasing operating efficiency, strengthening customer ties and enhancing product offerings. In this issue, The Quality Letter reports on how several systems have used these seven components to increase patient and purchaser satisfaction.

Case Management↗

Evaluating technology service options.

Four service and support options are available to healthcare organizations for maintaining their growth arsenals of medical and information technology. These options include maintaining and servicing all equipment using a facility-based biomedical engineering and MIS service department; using a combination of facility-based service and subcontracted service; expanding facility-based biomedical and MIS service departments to provide service to other healthcare organizations to achieve economies of scale; and outsourcing all maintenance, repair, and technical support services. Independent service companies and original equipment manufacturers (OEMs) are offering healthcare organizations a wider array of service and support capabilities than ever before. However, some health systems have successfully developed their own independent service organizations to take care of their own--and other healthcare organizations'--service and support needs.

Biomedical Engineering↗

Evolving HMO business practices can threaten tax-exempt status.

HMOs are developing new lines of business and fashioning changes to operations that enable them to compete and react to market demands. Executives of tax-exempt HMOs should be aware that some of these new functions could pose a threat to their organization's tax-exempt status or create a Federal income tax liability. Activities that resemble indemnity insurance operations, barriers to eligibility for individuals or groups, and even the composition of its board of directors can affect an HMO's tax-exempt status.

Capitation Fee↗