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Antitrust and Health Planning

Published online by Cambridge University Press:  01 January 2021

W. Thomas Berriman
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Extract

The goals of the federal and state antitrust laws and of the federal and state health planning laws often appear to be in conflict. The health planning laws encourage cooperation among providers of health care services and the sharing of facilities and services, based upon the premise that competition in the health care field has not succeeded in containing costs or adequately distributing resources. Generally, it can be said that the health planning laws, by establishing controls to prevent the unnecessary duplication of services, protect service monopolies. In contrast, antitrust laws are designed to prevent the establishment of monopolies which are able to control the supply of services. The antitrust laws are intended to promote a vigorous and competitive economy, in which businesses have a full opportunity to compete on the basis of price, quality and service. As a result of this conflict, those involved in health planning have become concerned about the legal environment in which they act.

Type
Article
Information
Medicolegal News , Volume 9 , Issue 3 , June 1981 , pp. 4 - 9
Copyright
Copyright © American Society of Law, Medicine and Ethics 1981

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References

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