Biomedical subjects
Publications and source records attributed to J J Miles.
The Department of Justice has recently taken a keen interest in examining the activities of physicians for potential antitrust violations based on price-fixing agreements. Consequently, it is important for physicians and their counsel to become familiar with the applicable antitrust principles to avoid participation in questionable agreements.
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The Health Care Quality Improvement Act, which often protects hospitals and medical staffs from damages resulting from physician credentialing decisions, offers no protection for (1) credentialing decisions affecting allied health practitioners or (2) challenges to exclusive contract between physicians and hospitals. Since many antitrust-health care actions have involved those two situations, antitrust litigation in those areas is not likely to decline. This article outlines steps that hospitals and their medical staffs can take to minimize the antitrust risks in awarding exclusive contracts and in decisions regarding the credentialing of allied practitioners.
In analyzing the effect of Patrick v. Burget upon peer review, the authors conclude that the decision was not "an atom bomb" and that physicians who wish to work for changes in state law to ensure the availability of the state action exemption for peer review actions will find substantial guidance in the decision.
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Explore the source record for details and available documents.
Explore the source record for details and available documents.
Explore the source record for details and available documents.
Explore the source record for details and available documents.
Explore the source record for details and available documents.
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The Health Care Quality Improvement Act of 1986 offers broad protection against damages, including treble damages for antitrust violations, for hospitals and medical staffs engaging in peer review activities. The author focuses on the immunity provisions of the Act--how immunity may be invoked, important limitations of the Act, and the Act's probable effect on physician staff privilege litigation.
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Explore the source record for details and available documents.
Explore the source record for details and available documents.
Explore the source record for details and available documents.