Premium Essay

Antitrust Laws Faced by Hospitals

In: Business and Management

Submitted By arfisher0409
Words 2995
Pages 12
Executive Summary Over the years, Antitrust law has been instrumental in influencing healthcare. Whether we want to believe or not, antitrust law facilitated escorting medicine in as an establishment to take care of our communities and patients. Over the years, hospitals have been the brunt of antitrust litigation. Between 1985 and 1999 hospitals were defendants in 61 percent of 394 medical antitrust disputes that led courts to issue formal opinions (Hammer, Peter, J. and Sage, William, M., 2003). However, these numbers do not support the under published cases, which do not result in a judicial decision. When hospitals are healthcare conglomerates to provide services antitrust views them as just a business. The services provided by hospitals are complex from the services they provide to the technology they use to the human capital necessary to run the operations of the hospital. Unfortunately, antitrust law concentrates on the overall hospitals behavior and not its purpose. Therefore, not-for-profit designation and lifesaving intentions of the hospital consider immaterial to any type of analysis performed by antitrust. Hospitals reserve the right to enter into any joint venture agreement provided each entity is able to achieve its objects autonomous of one another and avoid becoming a dominate player in the market (Hammer and Sage, 2003). For the most part, it will be the market that dictates if the hospital meets the demands and services demanded by the community. The challenge of healthcare antitrust law is not its insignificance or opposition to hospitals or physicians commitments to provide outstanding care, but its incapacity to rationally address governing itself as a watchdog and/or a buyer. Because of the government’s involvement with the regulation of care through Medicare and Medicaid there, is a significant oversight of care, safety and those...

Similar Documents

Premium Essay

Case Law in Health Care

...Case Law in Health Care Health care all over the world often sometimes face many obstacles, according to (Hammer & Sage) “Lawsuits against hospitals constitute the lion’s share of antitrust litigation. Between 1985 and 1999 hospitals were defendants in 61 percent of 394 medical antitrust disputes that led courts to issue formal opinions (hospitals were plaintiffs in only 6 percent. These numbers understate the burden of hospital antitrust litigation because most filed claims do not result in a published judicial opinion).” Hospital is a business that provides medical service to patients and there will always be competitors that produce social benefits. For example, Medical Malpractice is one of the major area that fail to provide quality health care medical treatment to patients, the victims of medical malpractice seek compensation for their physical or emotional injuries, or both, through a Negligence action. When patients suffered an injury, which he or she should be compensated, the reason for his or her injuries was because the physician’s violation of the standard of care. However, although the physicians is the cause of his or her injuries like according to (Farlex, 2012) “To protect themselves against the massive costs of such claims, physicians purchase malpractice insurance. Physicians' malpractice premiums total billions of dollars each year and add substantially to the cost of health care in the United States. In some specialties, such as obstetrics, 50 percent......

Words: 868 - Pages: 4

Free Essay

What Are the 6 Most Common Selling Mistakes to Avoid

...The Six Most Common Selling Mistakes to Avoid By Mike Schultz You're at an industry event mulling over which cheese will go best with which crackers at the buffet. The person next to you introduces himself. You introduce yourself. Then he says: "So tell me, what do you do?" The challenge is to communicate the key elements of your value. When we work with our clients to teach them how to sell, we tend to focus on helping them learn the right things to do. However, even those on the right track can get derailed by common mistakes. It's often just as helpful to know what not to do as it is to know what to do. Here, then, are the most common mistakes we see people making when trying to answer the question, "What do you do?" and ideas for how to avoid them. Mistake #1: Talking, but not saying anything "Our solutions help Fortune 500 and mid-size companies succeed. Our unique blend of people, process, and technology allows us to build and deliver value over-and-above our competitors. One unique thing about us is..." Even if it's well-practiced and smoothly delivered, a cliché that doesn't communicate anything is still a cliché that doesn't communicate anything. Make sure you avoid sounding like a buzzword bingo robot and focus on adding value to the conversation. Building rapport is a major component of a successful sales conversation. Starting off with a cliché, however, won't help build rapport - it's more off-putting than endearing. Mistake #2: Going...

Words: 1273 - Pages: 6

Premium Essay

Week 5 Lectures

...Business Ethics and International Responsibility - Lecture Introduction to Ethics and International Law Introduction | Business Ethics | Social Responsibility | Ethical Dilemma Resolution Models | Video – Business Ethics: An Oxymoron? | Practice Quiz   | | Introduction | | The E in Enron definitely did not stand for ethics, but Enron and its contemporaries like Arthur Andersen, Tyco, and WorldCom altered the lives of thousands of people and shaped new laws regulating business.  All topics covered in this course, from product liability to civil rights, from intellectual property rights to antitrust and consumer protection, will all make the same point. My goal is not to instruct a basic business law course but rather to create a dialogue involving questions and issues that each of our respective businesses must navigate successfully if they are ultimately to maximize stakeholder value. We will do this during Week 1 by covering our two most important TCOs: A and I. These will be foundational for the term. As TCO A is our ethics TCO and TCO I is our international TCO, note that both of these TCOs will be important under and inside each of our topical TCOs (e.g., contracts, environmental law, employment law, etc.)   | | Business Ethics | | As we move through the course, each learned TCO should remain in the back of your mind. We will build on them while learning the law. As you will find, most of the TCO A ethical strategies include as a first question the......

Words: 8505 - Pages: 35

Premium Essay

Operation Strategy Quality Measures

...The Role and Measurement of Quality in Competition Analysis 2013 The OECD Competition Committee discussed the role and measurement of quality in competition analysis in June 2013. This document contains an executive summary of that debate and the documents from the meeting: an analytical note by the OECD staff and written submissions: Australia, Canada, Chile, the European Union, Indonesia, Japan, Mexico, Portugal, United Kingdom, Ukraine, United States and BIAC. A note by Theodore Voorhees Jr. as well as a detailed summary of the discussion are also included. Competition policy is just as concerned with quality as it is with prices. While the importance of quality is undisputed and issues about quality are mentioned pervasively in competition agency guidelines and court decisions, there is no widely-agreed framework for analysing it which often renders its treatment superficial. There are a number of reasons why in practice, courts and competition authorities rarely analyse quality effects as rigorously as they analyse price effects. First, quality is a subjective concept and therefore much harder to define and measure than prices. In addition, microeconomic theory offers little help in predicting how changes in the level of competition in a market will affect quality and it is usually up to empirical analysis to determine how quality will change in response to varying degrees of competition in the context of particular markets. Given difficulties in terms of the evaluation...

Words: 125933 - Pages: 504

Premium Essay

Information Rules

...informationInformation Rules A STRATEGIC GUIDE TO THE NETWORK ECONOMY Carl Shapiro Hal R. Varian HARVARD BUSINESS SCHOOL PRESS BOSTON, MASSACHUSETTS Copyright © 1999 Carl Shapiro and Hai R. Varian All rights reserved Printed in the United States of America 03 02 01 00 99 5 Library of Congres§ Cataloging-in-Publication Data Shapiro, Carl. Information rules : a strategic guide to the network economy / Carl Shapiro and Hal R. Varian. p. cm. Includes bibliographical references and index. ISBN 0-87584-863-X (alk. paper) 1. Information technology—Economic aspects. 2. Information society. I. Varian, Hal R. II. Title. HC79.I55S53 1998 658.4'038—dc21 98-24923 GIF The paper used in this publication meets the requirements of the American National Standard for Permanence of Paper for Printed Library Materials Z39.49-1984. To Dawn, Eva, and Ben To Carol and Chris Contents Preface ix l The Information Economy 2 Pricing Information 19 3 Versioning Information 53 4 Rights Management 83 5 Recognizing Lock-In 103 6 Managing Lock-In 135 7 173 Networks and Positive Feedback 8 Cooperation and Compatibility 9 Waging a Standards War 10 Information Policy 227 261 297 viii I Contents Further Reading 319 Notes 327 Bibliography 329 Index 335 About the Authors 351 Preface Luck led us to write this book. Each of us became economists because we wanted to apply......

Words: 108051 - Pages: 433

Premium Essay

Information Rules

...Information Rules A STRATEGIC GUIDE TO THE NETWORK ECONOMY Carl Shapiro Hal R. Varian HARVARD BUSINESS SCHOOL PRESS BOSTON, MASSACHUSETTS Copyright © 1999 Carl Shapiro and Hai R. Varian All rights reserved Printed in the United States of America 03 02 01 00 99 5 Library of Congres§ Cataloging-in-Publication Data Shapiro, Carl. Information rules : a strategic guide to the network economy / Carl Shapiro and Hal R. Varian. p. cm. Includes bibliographical references and index. ISBN 0-87584-863-X (alk. paper) 1. Information technology—Economic aspects. 2. Information society. I. Varian, Hal R. II. Title. HC79.I55S53 1998 658.4'038—dc21 98-24923 GIF The paper used in this publication meets the requirements of the American National Standard for Permanence of Paper for Printed Library Materials Z39.49-1984. To Dawn, Eva, and Ben To Carol and Chris Contents Preface ix l The Information Economy 2 Pricing Information 19 3 Versioning Information 53 4 Rights Management 83 5 Recognizing Lock-In 103 6 Managing Lock-In 135 7 Networks and Positive Feedback 173 8 Cooperation and Compatibility 227 9 Waging a Standards War 261 297 10 Information Policy viii I Contents Further Reading 319 Notes 327 Bibliography 329 Index 335 About the Authors 351 Preface Luck led us to write this book. Each of us became economists because we wanted to apply our analytical training to better......

Words: 108016 - Pages: 433

Premium Essay

New Nationalism and Teddy Roosevelt: the New Ideals of Federal Intervention, Social Justice and Economic Welfare for the Nation.

...New Nationalism and Teddy Roosevelt: The new ideals of federal intervention, social justice and economic welfare for the Nation. Abstract In 1901 when President McKinley was assassinated, Roosevelt confronted sentiment, especially from the older members of the Republican Party, that he was not the right person to lead the country, often referring to him as “His Accidency.” Roosevelt was interested in quickly changing the mood of the country and establishing his legitimacy to his new position. He did so by introducing a “New Nationalist” form of Progressivism. When Roosevelt was sworn in, the Progressive Party had already been developing and growing since the end of the 19th century. It advocated for reforms and the lead of the government in changing society’s problems in response to socio-economic and political imbalances. Such thinking was a radical change in the country’s mindset, with earlier efforts supporting private efforts to solve the nation’s ills. The Progressive party had a broad platform, but the overall goal was for government to implement and lead efforts to alter societal inequalities. The Progressives called for eliminating corruption in the federal government as well as supporting a social welfare program, the women’s vote, penal system reform, and prohibition. Although the issue of civil rights for African-Americans was of concern of some members, this issue was not formally included in any of the Progressive party’s literature. With the support......

Words: 5710 - Pages: 23

Premium Essay

Accountable Health Care Organizations

...Accountable Care Organizations May 5, 2012 Accountable Care Organizations represent a strategy outlined within the Affordable Health Care Act to control costs and improve quality. They require partnerships between providers, hospitals, and communities. There are challenges in health systems where private practice is the predominant practice structure. Key issues and challenges to an effective ACO are cost reduction and utilization management, business model shifts, risk sharing and population management, consolidation, a changing role of IT and value of data, physician integration, clinical process improvement, and consumerism and the patient. How to reduce cost is a question that has been pursued, and it needs to be looked at, as well as utilization of management. Does this mean that homes for critically ill children or a hospital that cares only for transplant patients is becoming the future of health care in the USA? Why Accountable Care Organizations? No one will dispute the high cost of health care in the United States. Critics often say that it is the result of how health care providers are paid. They claim that—with a fee for each service— this results in increased and wasteful spending. Critics say that this system rewards providers just for doing more procedures, rather than for providing efficient and high-quality care (Matthews, 2012). In an effort to handle this problem, the United States Government has passed legislation: The......

Words: 5043 - Pages: 21

Free Essay

The History of Women

...HISTORY SUMMARY 1865-19901865-1900In the years following the Civil War the United States was transformed by the enormous growth of industry. Once, the United States was mainly a nation of small farms. By 1900, it was a nation of growing cities, of coal, steel, and of engines and fast communications. Though living standards generally rose, millions of industrial workers lived in crowded, unsanitary slums.In the north, industrial violence was common and occurred on numerous occasions. The most violent confrontation between labor and employers was probably the Great Railway Strike of 1877. The nation had been in the grip of a severe depression for four years. During that time, the railroads had decreased the wages of railway workers by 20 percent. Many trainmen complained that they could not support their families adequately, and there was little that the trainmen could do about the wage decreases. At that time, unions were weak and workers feared going on strike; there were too many unemployed men who might take their jobs. Some workers secretly formed a Trainmen's Union to oppose the railroads. In the last quarter of the century, the textile, metal, and machinery industries equaled the railroads in size. In 1870, the typical iron and steel firm employed fewer than 100 workers. Thirty years later, the force was four times as large. By 1900, more than 1,000 factories had work forces ranging from 500 to 1,000 workers. From 1860 to 1900 some 15 million immigrants from southern and...

Words: 3533 - Pages: 15

Premium Essay

Case Study

...Daniels Fund Ethics Initiative University of New Mexico http://danielsethics.mgt.unm.edu Mattel Responds to Ethical Challenges INTRODUCTION Mattel, Inc. is a global leader in designing and manufacturing toys and family products. Well-known for brands such as Barbie, Fisher-Price, Disney, Hot Wheels, Matchbox, Tyco, Cabbage Patch Kids, and board games, the company boasts nearly $5.9 billion in annual revenue. Headquartered in El Segundo, California, with offices across the world, Mattel markets its products in over 150 nations. It all started in a California garage workshop when Ruth and Elliot Handler and Matt Matson founded Mattel in 1945. The company started out making picture frames, but the founders soon recognized the profitability of the toy industry and switched their emphasis to toys. Mattel became a publicly owned company in 1960, with sales exceeding $100 million by 1965. Over the next forty years, Mattel went on to become the world’s largest toy company in terms of revenue. In spite of its overall success, Mattel has had its share of losses over its history. During the mid to late 1990s, Mattel lost millions to declining sales and bad business acquisitions. In January 1997, Jill Barad took over as Mattel’s CEO. Barad’s management-style was characterized as strict and her tenure at the helm proved challenging for many employees. While Barad had been successful in building the Barbie brand to $2 billion by the end of the 20th century, growth slowed in the early 21st...

Words: 4849 - Pages: 20

Premium Essay

Ethics in the Marketing of Medical Services

...Ethics in the Marketing of Medical Services STEPHEN R . LATHAM, J.D., PH.D. Abstract This paper deals with the ethics of marketing medical services by physicians, medical groups, hospitals and other mainstream medical caregivers in the United States. It does not deal with pharmaceutical marketing, since that raises a number of special issues, some of them legal and some having to do with the unique culture of pharmaceutical marketing, which really ought to be dealt with separately. Nor does it touch on the little-explored field of marketing alternative and complementary medicine. It begins with a general description of what is included in "the marketing process." It then briefly tours some of the difficulties faced by those who would market medical services ethically, and ends with some conunents on the relevance of professionalism to ethical marketing. Key Words: Professionalism, medical marketing, market competition, health care, product, placement, price, promotion, ethics. Marketing 101: The Four P's the idea of "marketing" with promotion and advertising. But in fact, "promotion" is only one of the famous "four P's of marketing" taught in most business schools. The first step in any marketing plan is to determine the nature of the Product (or service) one wishes to sell. Next, one determines its Placement, the distribution channels through which the product or service can best be made available to the consumer. Then, one attempts to determine the Price at which......

Words: 5524 - Pages: 23

Free Essay

Accountable Care Organizations: the Key to Transforming Healthcare?

...Accountable  Care  Organizations:              Key  to  Transforming  Healthcare?     The       Talia  Goldsmith,  MHA  Candidate  2011                                                                               Suffolk University Sawyer Business School HLTH 890AE: Healthcare Strategic Management   Professor Richard H. Gregg, M.A., M.B.A. April 28, 2011     Table  of  Contents   Objective .....................................................................................................................................3   Introduction ..............................................................................................................................3   Overview  of  ACOs  as  a  Mandate  and  an  Opportunity  for  Healthcare   Organizations............................................................................................................................4   Examples  of  Missions,  Visions,  Values  and  Goals  for  ACOs........................................6   Mission ................................................................................................................................................. 6   Vision ....................

Words: 8849 - Pages: 36

Premium Essay

Long

...jon24565_ch05.qxd 11/2/05 1:22 PM Page 138 C H A P T E R 5 Business Ethics and the Legal Environment of Business Learning Objectives After studying this chapter you should be able to: 1. Understand the relationship between ethics and the law and appreciate why it is important to behave ethically. 2. Differentiate between the claims of the different stakeholder groups affected by a company’s actions. 3. Identify the four main sources of business ethics, and describe four rules that can be used to help companies and their employees behave ethically. 4. Describe some methods companies can use to strengthen their ethical rules and positions. 5. Appreciate the important ways in which a nation’s business laws and regulations affect business commerce, occupations, and organizations. WHY IS THIS IMPORTANT ? A friend who is an A-student has offered to write your paper, which is worth 25% of your grade, for $50. You need the course to graduate because you only have a low C average. You hate writing, do it very poorly, and know others have had good results submitting this student’s papers as their own. Will you pay the money and submit the paper or submit your own paper and pray for a good result? This chapter will help you learn how to act ethically when facing dilemmas in your business and personal life. This is important because the decisions you make will affect your own future and those of stakeholders of the organizations......

Words: 21076 - Pages: 85

Premium Essay

Business

...jon24565_ch05.qxd 11/2/05 1:22 PM Page 138 C H A P T E R 5 Business Ethics and the Legal Environment of Business Learning Objectives After studying this chapter you should be able to: 1. Understand the relationship between ethics and the law and appreciate why it is important to behave ethically. 2. Differentiate between the claims of the different stakeholder groups affected by a company’s actions. 3. Identify the four main sources of business ethics, and describe four rules that can be used to help companies and their employees behave ethically. 4. Describe some methods companies can use to strengthen their ethical rules and positions. 5. Appreciate the important ways in which a nation’s business laws and regulations affect business commerce, occupations, and organizations. WHY IS THIS IMPORTANT ? A friend who is an A-student has offered to write your paper, which is worth 25% of your grade, for $50. You need the course to graduate because you only have a low C average. You hate writing, do it very poorly, and know others have had good results submitting this student’s papers as their own. Will you pay the money and submit the paper or submit your own paper and pray for a good result? This chapter will help you learn how to act ethically when facing dilemmas in your business and personal life. This is important because the decisions you make will affect your own future and those of stakeholders of the organizations......

Words: 21076 - Pages: 85

Premium Essay

Marketing

...C H A P T E R 5 Business Ethics and the Legal Environment of Business Learning Objectives After studying this chapter you should be able to: 1. Understand the relationship between ethics and the law and appreciate why it is important to behave ethically. 2. Differentiate between the claims of the different stakeholder groups affected by a company’s actions. 3. Identify the four main sources of business ethics, and describe four rules that can be used to help companies and their employees behave ethically. 4. Describe some methods companies can use to strengthen their ethical rules and positions. 5. Appreciate the important ways in which a nation’s business laws and regulations affect business commerce, occupations, and organizations. WHY IS THIS IMPORTANT ? A friend who is an A-student has offered to write your paper, which is worth 25% of your grade, for $50. You need the course to graduate because you only have a low C average. You hate writing, do it very poorly, and know others have had good results submitting this student’s papers as their own. Will you pay the money and submit the paper or submit your own paper and pray for a good result? This chapter will help you learn how to act ethically when facing dilemmas in your business and personal life. This is important because the decisions you make will affect your own future and those of stakeholders of the organizations that employ you. A Question of Business How Different Ethical Stances Can Help or......

Words: 20958 - Pages: 84