Medicine and the antitrust law. Part 2. An antitrust overview: federal law.
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Until relatively recently, antitrust enforcement in the delivery of health care was virtually non-existent. Not even 15 years ago, many legal observers might have concluded that the professional services of medical care providers were exempted from the federal antitrust laws altogether; or that many providers were engaged in local activities beyond the reach of federal interstate commerce jurisdiction. Even 10 years ago, many providers were arguing that collective agreements among potential competitors were not only sound public policy, but also that such concerted activities were actively encouraged by various federal laws. Today, however, the enforcement of the federal antitrust is an integral part of the complicated legal environment of American health care delivery.
A recent Florida court case has clearly signaled that nurses may be increasingly involved in activities that may result in violation of state and federal antitrust laws. Nurses must review their referral practices for patterns similar to the Florida case and modify their practices to reflect the recent court decision.
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Physicians now find it relevant to acquaint themselves with aspects of the law which heretofore were mainly of concern to the business world. One such area is antitrust, which is beginning to affect the practice of radiology. Three phases of the problem are discussed: exclusive privileges contracts; boycotts of nonphysician consultations (i.e., with chiropractors and cultists); and certificate of need requirements for acquisition of highly technical, sophisticated and expensive equipment.
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