Ball Memorial Hospital: Section 2 Sherman Act analysis in the alternative health care delivery market

In 1986, the Seventh Circuit Court of Appeals in Ball Memorial Hospital v. Mutual Hospital Insurance denied an injunction sought under the antitrust laws by the plaintiffs, eighty acute care hospitals, which would have precluded Blue Cross and Blue Shield of Indiana from implementing a Preferred Provider Organization. The Ball court used a conservative economic analysis to deny the injunction and failed to consider many industry-specific factors. This Note examines these factors and challenges the Ball court's position by arguing that antitrust scrutiny of alternative health care delivery markets must go beyond the court's narrow approach.     

《谢尔曼法》第2条意义上的“垄断”

《谢尔曼法》第2条所调整的＂垄断＂行为,有三个构成要件：行为人必须具有垄断力,而且从事了限制竞争行为,并且这种行为是出于＂特定的意图＂。长期以来,前两个要件的含义与证明方法相对确定,但在＂意图＂的证明上,不同时期有不同的做法。而进入新经济时代以后,在新经济产业,评价垄断地位的传统反垄断法理论受到挑战,市场份额不再是最主要的衡量标准,适用第2条的重心很大程度上转移到市场进入壁垒的考察上。通过经典判例进行考察,可以阐明第2条发展演进的一般过程,从而澄清其含义与分析方法。     

Distance health services under the general agreement on trade in services

This Article discusses the state of distance health with respect to the General Agreement on Trade in Services (GATS). After examining the various aspects of telemedicine and its place in international trade, the author looks at the structure and functioning of GATS and how telemedicine is regulated under this agreement. The author argues that the potential for telemedicine under this agreement has yet to be fulfilled and suggests a number of ways to realize its potential. Ultimately, however, the author concludes that the single most important international trade objective for the United States healthcare industry should be to get its own house in order with respect to cross-border provision of health services. From an international trade perspective, the problem of non-uniform state licensure requirements within the United States makes it very difficult for the United States to negotiate market access commitments for distance health services with other countries. Therefore, it is not realistic to expect significant progress in the liberalization of distance health services until the United States has in place a reasonably uniform domestic system of licensure and regulation for telemedicine practitioners.     

List of primary care health manpower shortage areas designated under Section 332 of the Public Health Service Act

This notice provides a list, updated as of September 30, 1984, of primary care health manpower shortage areas designated by the Secretary of Health and Human Services under the authority of section 332 of the Public Health Service Act.     

List of primary care and dental health manpower shortage areas designated under section 332 of the Public Health Service Act

This notice provides a list, updated as of March 31, 1982, of primary care and dental health manpower shortage areas designated by the Secretary of Health and Human Services under the authority of section 332 of the Public Health Service Act. (At a later date, an update of the lists of psychiatric, vision care, podiatric, pharmacy, and veterinary health manpower shortage areas will be published).     

Child protection under the Children Act 1989: Prevention rather than care?

I owe a debt of gratitude to Professors Hugh Bevan and Michael Freeman for reading and commenting helpfully on earlier drafts. The usualcaveat applies.     

The National Labor Relations Act and health care institutions: the persistent paradox.

In the wake of 1974 amendments to the NLRA, nonprofit health care institutions have been involved in a steady stream of labor relations cases. This article examines some of the new labor relations problems facing these institutions, and it provides valuable information and analysis to help administrators keep abreast of the legal and practical developments stemming from the cases.     

List of primary care, dental and psychiatric health manpower shortage areas designated under Section 332 of the Public Health Service Act

This notice provides a list, updated as of December 31, 1982, of primary care, dental, and psychiatric health manpower shortage areas designated by the Secretary of Health and Human Services under the authority of section 332 of the Public Health Service Act.