Examining exclusionary conduct of HMOs and PPOs: a case comment on Northwest Medical Laboratories v. Blue Cross and Blue Shield of Oregon.
Am J Law Med
; 17(3): 271-88, 1991.
Article
em En
| MEDLINE
| ID: mdl-1785621
ABSTRACT
As the climate of the health care industry has changed to one of cost-containment and competition through the growth of HMOs and PPOs, health care providers have become the subjects of antitrust litigation. One such case, Northwest Medical Laboratories v. Blue Cross and Blue Shield of Oregon, involved a medical laboratory and a radiology center who claimed that they were victims of an illegal group boycott after defendant's pre-paid health plan denied them preferred provider status. The Oregon Court of Appeals, using the traditional antitrust analysis applied to other industries for decades, failed to consider the intricacies that exist within the health care industry. This result led to an inaccurate market share computation and an inadequate rule of reason analysis. This Comment examines the shortcomings of the Northwest Medical opinion and argues that, in applying the antitrust laws to the health care industry, courts in future cases must recognize and respect the unique features of the business of providing health care.
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Base de dados:
MEDLINE
Assunto principal:
Organizações de Prestadores Preferenciais
/
Sistemas Pré-Pagos de Saúde
/
Competição Econômica
/
Planos de Seguro Blue Cross Blue Shield
País/Região como assunto:
America do norte
Idioma:
En
Revista:
Am J Law Med
Ano de publicação:
1991
Tipo de documento:
Article