对医生反断豁免立法进行分析:调整权力平衡
1Center for Organization and Delivery Studies, Agency for Healthcare Research and Quality, Suite 605, 2101 E Jefferson St, Rockville, MD 20852, USA. fhelling@ahrq.gov
JAMA
|July 4, 2001
概括
由于新的州和联邦反断豁免立法,医生很快就可能获得与健康计划集体谈判费用的能力. 这种转变可能会改变医生与管理护理组织之间的权力动态.
科学领域:
- 卫生法 法律 卫生法
- 反托拉斯法 反托拉斯法
- 卫生经济学 卫生经济学
背景情况:
- 目前的反断法律一般禁止医生与健康计划进行集体谈判.
- 国家诉讼豁免和联邦豁免为集体谈判提供了潜在的途径.
- 德克萨斯州在1999年开创了医生反断豁免立法.
研究的目的:
- 分析旨在允许医生集体谈判费用的近期立法.
- 检查这项立法对医生管理护理计划关系的潜在影响.
- 了解医生谈判的不断变化的法律环境.
主要方法:
- 对有关医生反断豁免的州和联邦立法提案的分析.
- 审查拟议和颁布立法中的特点和条件.
- 检查潜在的经济和权力平衡影响.
主要成果:
- 允许集体医生谈判的立法已在许多州和联邦一级推出.
- 虽然已经通过了一些立法 (例如,哥伦比亚特区),但存在实施挑战.
- 在立法方面,人们一直有兴趣让医生谈判费用.
结论:
- 这一趋势表明,医生越来越多地在管理护理计划中获得集体谈判权.
- 这一立法趋势可以显著地重新平衡医生和医疗保险公司之间的谈判.
- 需要进一步分析以了解这些豁免的全部影响.
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