Paper Summary:

The paper examines antitrust laws and competition in the health care market and specifically as this relates to 'best practices', regulated versus non-regulated control, cost savings or cost increases and benchmarking. The paper finds that competition is the factor that will drive the health care market and ultimately will resolve many consumer complaints about the health care programs presently in use. The paper specifically finds that excess and waste are two primary costs associated with the health care market that must be effectively addressed.

Outline:
Objective
Introduction
Competition Law and Policy
Enforcement of Antitrust Laws
State of the Health Care Market
Competition Increase a Proposed Remedy
Collective Bargaining - Immunization of Physicians from Attach Via Antitrust Laws
Summary and Conclusion

From the Paper:

"An efficient market is characterized by sellers producing the goods and services that are in demand by buyers in the market and doing so in the manner that is least costly, and in which "prices approximate marginal costs, and resources are allocated to their most valued ends." (Sage, Hyman and Greenberg, 2003, p.1) Competition is stated to be primarily "price-driven in some markets, in others it occurs along both price and nonprice dimensions (such as quality)." (Sage, Hyman and Greenberg, 2003, p.1) The proper operation of health care markets are characterized by competition determining the prices that are appropriate for medical services and "the appropriate organizational forms for health care financing and delivery, and the appropriate range and availability of cost/quality/service trade-offs." (Sage, Hyman and Greenberg, 2003, p.1, p.3) Competition law is stated in the work of Sage, Hyman and Greenberg (2003) to be "cast in expansive terms" in that the judiciary "has had considerable freedom to elaborate its own understanding of the broad statutory language enacted by Congress." (Sage, Hyman and Greenberg, 2003, p.1)"

Sample of Sources Used:

• Uncertain Future of Competition in Health Care Law: Legislative Proposals to Immunize Providers from Antitrust Law (2002) Health Affairs. 2002;21(2) (c) 2002 Project HOPE.
• Sage, William M., Hyman, David A. and Greenberg, Warren (2003) Health Affairs. Vol. 22, No. 2 2003 Project Hope. Online available at: http://content.healthaffairs.org/cgi/reprint/22/2/31.pdf
• Greaney, Thomas L. (2009) Statement of Professor Before the Subcommittee on Consumer Protection, Product Safety and Insurance. Committee on Commerce, Science and Transportation United States Senate. 16 July 2009. Online available at: http://law.slu.edu/healthlaw/news_stories/statement.pdf
• Hubbard, Robert L. (1997) Towards a Competitive Health Care System. Fordham Urban Law Journal. Vol. XXIV, No. 4, 1997. Online available at: http://www.oag.state.ny.us/bureaus/antitrust/pdfs/FordhamULJ1997.pdf

Visitors who viewed this Term Paper also liked these:

• Comparison Essay # 55682 : "Business Laws and Customs in the UK and the U.S."
• Essay # 14528 : "Microsoft" and Competition In the Computer Industry"
• Argumentative Essay # 143079 : "Copyright Laws and Technology in the Classroom"

APA Citation:

MLA Citation: