Antitrust and Health Plans

This Web Site (antitrusthealthplans.com) was created and is maintained by:

 

Self-Funding Actuarial Services, Inc.

Tel (336) 759-2035

8025 North Point Blvd., Suite 207W

Fax (336) 896-0392

Winston-Salem, NC  27106

Carlton Harker, FSA, MAAA, Principal

 

harker2@earthlink.net

See www.self-fundhealth.com

 

Overview

 

The purpose of this Web Site is to:

 

A Sub-Site, Statement of Concerns and Purposes, justify the existence of this Web Site.

 

Presentation

 

The topic is bifurcated thusly:

Part A – Unfair Trade Practices – Health Plan Specific

Part B – Antitrust Infractions – All Industries

 

Part A – Unfair Trade Practices

 

An overview of this subtopic is set forth in Health Plans and Unfair Trade Practices.  The two major areas of concern are then discussed in some detail: (a) the Hospital Billing Controversy and whether the present Hospital Billing Practices-Can/Should Survive and (b) Bundled Vendor Services and Possible Unfair Methods of Competition.  To establish whether an act or practice is unfair and/or deceptive, a Special Purpose Audit is often required; this differs in many ways from the Standard Health Plan Audit.  A menu of a few Suggested Self-Funded Health Plan Changes in response to potential unfair trade practices are offered. 

 

Part B – Antitrust Infractions – All Industries

 

Antitrust infractions include (a) those activities which tend toward monopolization or restraint of trade and (b) certain unfair trade acts and deceptive practices. 

 

The topic is presented in four parts:

 

1.      Antitrust and Restraint of Trade

      Sherman Act (15 USC §§ 1-2).

2.      Price Discrimination

      Clayton and Robinson-Patman Acts (15 USC §13).

3.      Unfair Trade Practices and Deceptive Acts

      FTC Act (15 USC §45).

4.      Important Exemptions-Insurance

      McCarran-Ferguson Act (45 USC§20)

 

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