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Health Care Antitrust Attorneys for Physicians

The health care markets in which physicians practice have changed dramatically over the last 20 years. These markets continue to evolve and change, and with these changes have come many challenges for physicians. Some of these changes are positive. Advances in technology, for example, have permitted physicians to offer their patients a higher level of care. Advances in pharmaceuticals and treatment methods permit physicians to treat diseases that were once thought incurable.

Some of the changes in health care markets, however, have resulted in a steady deterioration in the ability of physicians to: (a) treat their patients in a manner they consider best, and (b) earn an appropriate level of compensation for their services. Today, physicians face very large and powerful health insurers that can simply set the level of remuneration they will pay physicians. These health insurers will also, on occasion, establish guidelines that exert significant control on how physicians practice medicine. The efforts taken by physicians to address the challenges created by large health insurers  include, for example, outright mergers of individual practices and the creation of independent practice associations. These efforts and other collaborative efforts can raise antitrust issues under certain conditions.

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Common Questions Doctors Ask

  • “I want to maintain my independence as a private physician but I find it more and more difficult to remain economically viable given the actions taken by health insurers. What types of joint ventures or other collaborative ventures can I set up with other physicians that will address this problem without violating the antitrust laws?”
  • “A large part of my practice is based out of a hospital. I also own a surgery center, where I perform many procedures. My hospital just created a new credentialing policy that discriminates against physicians that compete against the hospital. How can you help protect my right to practice in the hospital and save my surgery center?”
  • “I want to change an independent practice association that I formed with other physicians so as to have the IPA negotiate fees with health insurers. How can we do this without violating the antitrust rules against price fixing?”
  • “I am tying to open an imaging center, and the local hospital that currently provides imaging services has launched a campaign to prevent me from opening the facility. How can I stop this anticompetitive conduct?”
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