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Antitrust Scrutiny Of The Health Professions: Developing A Framework For Assessing Private Restraints, Robert F. Leibenluft, Michael R. Pollard
Antitrust Scrutiny Of The Health Professions: Developing A Framework For Assessing Private Restraints, Robert F. Leibenluft, Michael R. Pollard
Vanderbilt Law Review
This Article has suggested that courts adopt an intermediate level of scrutiny, between per se and Rule of Reason analysis. Under this analysis, a rebuttable presumption of illegality attaches to those practices which in other contexts are per se illegal. The weight of this presumption varies with the familiarity of the court with the restraint, its similarity to traditional per se conduct, and the strength of the procompetitive justification.This analytical approach is desirable for two reasons. First,courts are reluctant to apply commercial per se rules of illegality to professional restraints, and with good reason. Professional practices do differ from purely …
Competition In Health Services:Overview, Issues And Answers, Clark C. Havighurst
Competition In Health Services:Overview, Issues And Answers, Clark C. Havighurst
Vanderbilt Law Review
This Article is intended to put in context the many issues raised by this new interest in competition as a disciplinary force in the health services industry. After presenting a statement of the general theory supporting increased reliance on market forces, the Article turns to the key arguments advanced against that theory. The issues are many and complex, and the Article makes no attempt to treat them exhaustively. Rather, the aim is to highlight the weak as well as the strong points for and against competition in a manner that focuses the controversy and clarifies the issues. Until very recently, …
Health Maintenance Organizations And Federal Law: Toward A Theory Of Limited Reformmongering, Philip C. Kissam, Ronald M. Johnson
Health Maintenance Organizations And Federal Law: Toward A Theory Of Limited Reformmongering, Philip C. Kissam, Ronald M. Johnson
Vanderbilt Law Review
The purpose of this Article is twofold. First, we develop a theory for HMO legislation based on an assessment of past experience with HMOs, current problems with the delivery of health services, and different legislative theories that have been advanced by others. Secondly, we use this theory to help evaluate some major issues faced by legislators and administrators in regulating HMOs and to suggest a number of improvements. A recurring theme throughout this analysis is that policymakers have not considered fully all of the economic and political ramifications of the HMO phenomenon. This has helped produce theoretical conflict about HMO …