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Copyright (c) 1993 Northern Kentucky University
Northern Kentucky Law Review

TWENTIETH ANNIVERSARY ISSUE: SPECIAL FEATURE: ANTITRUST EXCEPTION: Health Care: Current Antitrust Issues

Winter, 1993

20 N. Ky. L. Rev. 365

Author

by Murray S. Monroe *

Excerpt

I. INTRODUCTION

We all note daily newspaper reports that health care costs are rising and are having a far reaching impact on the United States economy. In the current budget, health care benefits have now reached the point where they account for one third of the entire federal budget. 1 Many major companies lament that health care benefits are among their biggest expenses. 2 The expenses are rising at rates that far exceed the increase in the cost of living. 3 Perhaps more important, because the federal enforcement agencies and many state agencies stress that antitrust enforcement has an important role to play in encouraging and facilitating competition in the health care industry, this industry is the primary focus of much of their enforcement activities 4 . Practices within the health care industry represent a significant and growing number of the government enforcement actions brought under the antitrust laws in the last few years. 5 It is not possible to cover this entire subject in a single article; however, the areas which have attracted the most attention are set forth below. These have been divided into the issues which principally affect hospitals, physicians' groups and medical associations, in that order. Section VI serves as an overall guide as to what an organization should do to protect itself and what conduct it should avoid.

II. HOSPITALS 6

A. Staff Privileges--Reviewing Committees

Numerous antitrust cases involve the denial of an application by a professional to be admitted to the staff of ...
 
 
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