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Minimizing antitrust and corporate liability risks.

Health Progress (Saint Louis, Mo.)

|March 11, 1987

Summary

This summary is machine-generated.

Healthcare organizations must ensure fair hearings for physician staff appointments to prevent antitrust issues. Hospitals should use clear criteria and manage joint ventures carefully to mitigate legal risks and liability.

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Area of Science:

Healthcare Law
Antitrust Law
Medical Staff Management

Background:

Antitrust litigation poses risks for healthcare organizations regarding physician staff appointments and privileges.
Physician actions like price fixing are per se violations, while hospital decisions are often reviewed under the rule of reason.

Purpose of the Study:

To outline strategies for healthcare organizations to navigate antitrust regulations.
To advise on managing physician staff appointments, joint ventures, and malpractice liability.

Main Methods:

Analysis of legal precedents and antitrust principles in healthcare.
Review of strategies for hospitals, preferred provider organizations, and joint ventures.

Main Results:

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Hospitals can protect themselves through specific admission criteria and by managing competitor involvement in staffing.
Physician groups engaging in price fixing face per se violations; alternative payment negotiation methods exist.
Joint ventures require capital pooling, shared risk, and efficiency to minimize antitrust concerns.

Conclusions:

Fair hearings and clear criteria are crucial for hospital staffing decisions to avoid antitrust issues.
Hospitals are liable for physician actions in malpractice suits, necessitating careful board oversight of staffing.
The increasing malpractice landscape and withdrawal of liability insurers heighten the need for robust risk management.