Preview

Federal Trade Comission

Better Essays
Open Document
Open Document
1009 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Federal Trade Comission
In the given case, the Federal Trade Commission claimed that Texas Surgeons Independent Practice Association(IPA) of 26 general surgeons in the Austin, Texas and six competing medical practice groups who are the members of this association (the respondents), Texas Surgeons P.A. ("Texas Surgeons"), Austin Surgeons, P.L.L.C. ("AS"), Austin Surgical Clinic Association, P.A. ("ASCA"), Bruce McDonald & Associates, P.L.L.C. ("BM&A"), Capital Surgeons Group, P.L.L.C. ("CSG"), Central Texas Surgical Associates, P.A. ("CTSA"), and Surgical Associates of Austin, P.A. ("SAA"), violated Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45 by engaging in unlawful act of price fixing.

FTC alleged complaint that the IPA organized collective refused to deal with two health plans, Blue cross Blue Shield and United Health Care of Texas, terminated the contract with Blue Cross Blue Shield and threatened to terminate contracts with the United Health Care of Texas if the payer refuse to agree with their demand of raising reimbursement rate. As per demand, both plans increased their rates. Blue Cross accepted a rate agreement with the respondents in early 1998 after facing problems getting an emergency room patient treated by a general surgeon. The respondents collectively secured rate agreement resulted nearly 30% above the April 1997 level.

In this case, the practices of the respondents went against the welfare of the public, constitute unfair methods of competition and antitrust actions. This anti competitive action cost health plan, employers and patients, more than $1,000,000 for surgical services in 1998 and 1999 in the Austin, Texas area. In the mid-1970, the FTC formed a section within the Bureau of Competition to investigate potential anti trust violations involving healthcare. In the health care area, as in the case of any other field, the antitrust laws are enforced so check not only possible competitive harm but also the potential for pro



References: http://www.crowell.com/documents/DOCASSOCFKTYPE_PRESENTATIONS_705.pdf http://www.accessmylibrary.com/article-1G1-77013366/texas-surgeons-settle-price.html http://www.ftc.gov/os/2000/05/texascmp.htm http://www.ftc.gov/bc/healthcare/antitrust/hcupdate.pdf http://www.ama-assn.org/amednews/2000/05/08/gvsd0508.htm

You May Also Find These Documents Helpful

  • Good Essays

    This firm represents North Texas Division, Inc. and its affiliated facilities, including Medical City Dallas Hospital (“Medical City”). Reference is made to the Medicare Advantage Facility Participation Agreement (eff. October 30, 2010) as amended (collectively, the “Agreement”). I write regarding SelectCare’s failure to appropriately adjudicate a claim by Medical City for services provided to patient E.F. By this letter, the Hospitals invoke all dispute resolution procedures permitted or required under the Agreement.…

    • 802 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Hospitals that implement noncompetitive clauses in their contracts, do so to protect their organization if a current doctor decides to leave and practice elsewhere. The clause states the restrictions of the physician’s practices, including the time period and location. This particular contract restricted Dr. Dominy from performing emergency medical services in only MHM in Bainbridge, Georgia and from having an ownership or financial interest in an entity contracting to provide emergency medical services to that one hospital (Pozgar &…

    • 384 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    FMC also presented evidence showing that the government owned “facilities” and equipped at the plant used in the treatment of hazardous materials.…

    • 426 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    MKC1 study guide

    • 2410 Words
    • 11 Pages

    accused of overcharging consumers. Which federal law would have allowed the United States government to investigate this unfair method of competition?…

    • 2410 Words
    • 11 Pages
    Powerful Essays
  • Better Essays

    Anti-trust laws were created top prevent larger companies and organizations from pushing smaller entities out of the ability to fairy compete for business. Mr. Oltz received a settlement from the hospital initially but was later unable to recoup legal fees and damages from the hospital once the trial judge ruled the damages were excessive. This case is a great example of what anti-trust laws were designed to do and who the laws are intended to protect. Mr. Oltz unfortunate encountered difficulty with getting his legal fees paid based upon a technicality, however this case did shed light on the conspiracy at elimination of competition among anesthesiologists in St. Peter’s Community…

    • 997 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Shortly after plaintiff Nosrat Khajavi (Khajavi), an anesthesiologist, and defendant, Robert Del Pero, a surgeon, engaged in an altercation over the wisdom of proceeding with a particular surgery, defendant Feather River Anesthesia Medical Group (Feather River) terminated Khajavi’s employment. At trial, the court non-suited Khajavi’s claims that defendants Feather River and Robert Del Pero had discharged him, and conspired to discharge him, in violation of public policy -- that is, in retaliation for advocating “medically appropriate health care” in violation of Business and Professions Code section 2056.…

    • 1548 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Eighty percent of patients at RRMC were Medicare or Blue Cross and the administration experienced much difficulty when it came to negotiating prices with Blue Cross due to monopoly”(Richards & Slovensky, 2004). In this market, buyers have high bargaining power because reimbursements rates are low. Because Medicare and Blue Cross held monopoly in these services area, negotiating prices remained extremely difficult for RRMC. The suppliers have lower bargaining power due to low Medicare reimbursements and difficulty negotiating prices with Blue…

    • 2402 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    4–3. Business Torts. Medtronic, Inc., is a medical technology company that competes for customers with St. Jude Medical S.C., Inc. James Hughes worked for Medtronic as a sales manager. His contract prohibited him from working for a competitor for one year after leaving Medtronic. Hughes sought a position as a sales director for St. Jude. St. Jude told Hughes that his contract with Medtronic was unenforceable and offered him a job. Hughes accepted. Medtronic filed a suit, alleging wrongful interference. Which type of interference was most likely the basis for this suit? Did it occur here? Explain. [Medtronic, Inc. v. Hughes, 2011 WL 134973 (Minn.App. 2011)] (See Intentional Torts against Persons.)…

    • 1288 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Department of Justice. (2012, March). Competition and Health Care: A Prescription for High-Quality, Affordable Care. Retrieved from http://www.justice.gov/atr/public/speeches/281236.pdf…

    • 1722 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Legal Brief

    • 795 Words
    • 4 Pages

    This case of U.S government versus defendant McClatchey involves hospital CEO, two physicians, and Mr. McClatchy who is a part of the administrative staff at Baptist Medical center. Two physicians involved in the case worked together in a group practice called BVMG that provided care to the nursing homes. In 1984, they brought a proposal to the Baptist Medical Center to have them buy the practice and in return physicians were to refer their patients from other hospitals to Baptist medical center. This proposal was rejected; however, some negotiation of this plan took place and Baptist medical center agreed to pay a fee of 75,000 dollars to each doctor for providing some services to the medical center. The doctors and the medical center stayed in contract until 1993 and it was told in the testimony that contract was still kept even after learning that the doctors were not providing the services that they promised to provide in that contract.…

    • 795 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    1 Explain what Zinn means by a “skillful terracing to stabilize the pyramid of wealth.”…

    • 376 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    * Health care is a vast ever-changing demand in the United States. Because of that high demand, quality has been a concern for many patients. Each day patients put their health and trust in the hands of health care providers. Unfortunately, there have been times when the treatment provided, whether accidental or intentional, has caused harm to the patient. Patients who have experienced injury have the right to file a civil complaint against that provider that caused the injury. Some possible reasons for civil complaints are that personal information for a patient was shared without proper consent, negligence, or assault. These injuries are covered under Tort Law. This essay will identify a civil complaint process that patients may follow in the event of misconduct or incompetence by a provider. The role of the regulatory agencies to investigate the allegations of the misconduct will be discussed along with how they apply disciplinary actions if warranted. Potential criminal liabilities, risk management strategies, quality assurance programs to reduce the risk of liability and the process to follow in the event that charges are filed against a provider will all be identified.…

    • 896 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Evolution of Managed Care

    • 1519 Words
    • 7 Pages

    Tufts Managed Care Institute. (1998). A brief History of Managed Care. Retrieved on August 25, 2010, from http://www.thci.org/downloads/BriefHist.pdf…

    • 1519 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Health Care Event

    • 1022 Words
    • 5 Pages

    Through the many events that have taken place in the health care industry one that comes to mind is how excessive litigation affecting health care today. Litigation has become so broad that it has become a specialized department in the law industry. When one watches television, listens to the radio, browses the Internet, or looks at other media outlets he or she is bound to come across some advertisements for litigations against health care facilities and professionals at frequent intervals. It is not unexpected to see or hear several of them throughout the day. Law firms have even become specialized in health care related cases and focus on specific conditions caused by some sort of illness, medication, or even procedure. The result of this is that health care facilities close due to the financial burden of payments resulting from litigations, in the long run the amount paid for malpractice insurance rises, insurance premiums rise, and costs of health care increases because of the additional procedures ordered to try to prevent litigation (Satiani, 2004). The practice of defensive medicine is estimated to cost two and a half times average coverage cost and the estimated savings in tort reform is passed in 50 billion dollars…

    • 1022 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Ambulatory Care

    • 11796 Words
    • 48 Pages

    118 • CHAPTER 6 Ferreter, M. (2000). Taking their cut. Modern Physician, 4(1), 40. Greenfield, S., Nelson, E., Zubkoff, M., Manning, W., Rogers, W., Kravitz, R., Keller, A., Tarlov, A., & Ware, J. (1992, March 25). Variations in resource utilization among medical specialties and systems of care. JAMA, 269(12), 1624–1630. Hall, M., & Lawrence, L. (1998). Advance data: Ambulatory surgery in the United States, 1996 (Vital and Health Statistics, Vol. 300). Hyattsville, Maryland: National Center for Health Statistics. Health Care Financing Administration. (1998, July 23). CLIA: General program description [On-line]. Available: www.hcfa.gov/medicaid/clia/ progdesc.htm (Accessed April 24, 2000). Henderson, J. (1992, May 18). Surgicenters cut further into market. Modern Healthcare, pp. 108–110. MacColl, W. A. (1966). Group practice and prepayment of medical care. Washington, DC: Public Affairs Press. Medical World News. (1973, September 21). Moran, M. (1998, March 9). More physicians are employees. American Medical News, pp. 7–8. Moskowitz, D. (1999). 1999 health care almanac & yearbook. New York: Faulkner & Gray. Patient dumping: Hospitals caught between feds, HMOs. (1999, February 19) American Health Line. Starr, P. (1982). The social transformation of American medicine. New York: Basic Books. U.S. Department of Health, Education, and Welfare. (1970). Medical care for the American people: Final report of the Committee on the Costs of Medical Care. Chicago: University of Chicago Press. Woodwell, D. (1999). National ambulatory medical care survey: 1997 summary. Hyattsville, MD: National Center for Health Statistics.…

    • 11796 Words
    • 48 Pages
    Powerful Essays