Anti Trust in Health Organizations Assignment Essay

Anti Trust in Health Organizations Assignment Essay

You are a manager with 5 years of experience and need to write a report for senior management on how your firm can avoid the threat of a Federal Trade Commission investigation if you were to merge with other health care organizations. Research on your own to select a health care organization in the United States that has been charged with an antitrust action within the last five years and use this information as the basis for your paper. In your report

· Summarize the charges and rebuttal or mitigation of charges used by the health care organization you researched.

· Discuss lessons learned and propose actions that can be taken by your management to avoid similar anti- trust actions in your proposed merger.

Important information for writing discussion questions and participation

Welcome to class

Hello class and welcome to the class and I will be your instructor for this course. This is a -week course and requires a lot of time commitment, organization, and a high level of dedication. Please use the class syllabus to guide you through all the assignments required for the course. I have also attached the classroom policies to this announcement to know your expectations for this course. Please review this document carefully and ask me any questions if you do. You could email me at any time or send me a message via the “message” icon in halo if you need to contact me. I check my email regularly, so you should get a response within 24 hours. If you have not heard from me within 24 hours and need to contact me urgently, please send a follow up text to

I strongly encourage that you do not wait until the very last minute to complete your assignments. Your assignments in weeks 4 and 5 require early planning as you would need to present a teaching plan and interview a community health provider. I advise you look at the requirements for these assignments at the beginning of the course and plan accordingly. I have posted the YouTube link that explains all the class assignments in detail. It is required that you watch this 32-minute video as the assignments from week 3 through 5 require that you follow the instructions to the letter to succeed. Failure to complete these assignments according to instructions might lead to a zero. After watching the video, please schedule a one-on-one with me to discuss your topic for your project by the second week of class. Use this link to schedule a 15-minute session. Please, call me at the time of your appointment on my number. Please note that I will NOT call you.

Please, be advised I do NOT accept any assignments by email. If you are having technical issues with uploading an assignment, contact the technical department and inform me of the issue. If you have any issues that would prevent you from getting your assignments to me by the deadline, please inform me to request a possible extension. Note that working fulltime or overtime is no excuse for late assignments. There is a 5%-point deduction for every day your assignment is late. This only applies to approved extensions. Late assignments will not be accepted.

If you think you would be needing accommodations due to any reasons, please contact the appropriate department to request accommodations.

Plagiarism is highly prohibited. Please ensure you are citing your sources correctly using APA 7th edition. All assignments including discussion posts should be formatted in APA with the appropriate spacing, font, margin, and indents. Any papers not well formatted would be returned back to you, hence, I advise you review APA formatting style. I have attached a sample paper in APA format and will also post sample discussion responses in subsequent announcements.

Your initial discussion post should be a minimum of 200 words and response posts should be a minimum of 150 words. Be advised that I grade based on quality and not necessarily the number of words you post. A minimum of TWO references should be used for your initial post. For your response post, you do not need references as personal experiences would count as response posts. If you however cite anything from the literature for your response post, it is required that you cite your reference. You should include a minimum of THREE references for papers in this course. Please note that references should be no more than 5 years old except recommended as a resource for the class. Furthermore, for each discussion board question, you need ONE initial substantive response and TWO substantive responses to either your classmates or your instructor for a total of THREE responses. There are TWO discussion questions each week, hence, you need a total minimum of SIX discussion posts for each week. I usually post a discussion question each week. You could also respond to these as it would count towards your required SIX discussion posts for the week.

I understand this is a lot of information to cover in 5 weeks, however, the Bible says in Philippians 4:13 that we can do all things through Christ that strengthens us. Even in times like this, we are encouraged by God’s word that we have that ability in us to succeed with His strength. I pray that each and every one of you receives strength for this course and life generally as we navigate through this pandemic that is shaking our world today. Relax and enjoy the course!

Hi Class,

Please read through the following information on writing a Discussion question response and participation posts.

Contact me if you have any questions.

Important information on Writing a Discussion Question

• Your response needs to be a minimum of 150 words (not including your list of references)
• There needs to be at least TWO references with ONE being a peer reviewed professional journal article.
• Include in-text citations in your response
• Do not include quotes—instead summarize and paraphrase the information
• Follow APA-7th edition
• Points will be deducted if the above is not followed

Participation –replies to your classmates or instructor

• A minimum of 6 responses per week, on at least 3 days of the week.
• Each response needs at least ONE reference with citations—best if it is a peer reviewed journal article
• Each response needs to be at least 75 words in length (does not include your list of references)
• Responses need to be substantive by bringing information to the discussion or further enhance the discussion. Responses of “I agree” or “great post” does not count for the word count.
• Follow APA 7th edition
• Points will be deducted if the above is not followed

• Remember to use and follow APA-7th edition for all weekly assignments, discussion questions, and participation points.
• Here are some helpful links
• The is a great resource

Your paper must include an introduction, thesis, and conclusion. Your paper must be four to five double-spaced pages in length (excluding title and reference pages) and formatted according to APA style as outlined. Utilize three scholarly and/or peer-reviewed sources (excluding the course text) that were published within the last five years. Cite your sources within the text of your paper and provide complete references for each source used on the reference page.

Text book: Cleverley, W. O., Song, P. H., & Cleverley, J. O. (2011). Essentials of health care finance (7th ed). Sudbury, MA: Jones & Bartlett Learning.

The effort to enforce antitrust principles in health care began in earnest only after the Supreme Court decided in 1975, in the Goldfarb case,1 that the “learned professions” enjoy no antitrust exemption. That decision, together with the prevalent concern about inflation in general and about health care costs in particular, led the Federal Trade Commission (FTC) to announce a commitment of resources to the industry. This commitment has now been reinforced by three successive chairmen, and seems permanent. The Justice Department’s Antitrust Division, though involved less as the result of a conscious policy choice, has nevertheless been an important factor on some issues. Several state attorneys general have also begun significant antitrust activity in the health care field.2

The pre-Goldfarb neglect of the health sector by federal antitrust authorities resulted not only from recognition of a possible implied exemption for the medical profession, but also from doubts concerning their jurisdiction,3 a significant judicial setback in the

Supreme Court in 1952,4 and a lack of expertise about the industry and its competitive shortcomings. The resulting failure to enforce the basic rules of competitive conduct allowed the entrenchment of many anticompetitive practices and institutions, which seemed, without close antitrust scrutiny, to be not only natural but also beneficial because consistently justified in terms of quality assurance, professionalism, and traditional doctor-patient relations. These established practices and institutions are now suddenly threatened by antitrust lawyers who are skeptical of the conventional explanations and justifications offered for the absence of competition in health services.

The new antitrust effort has been met by the medical profession with the kind of displeasure usually reserved for federal regulators (and malpractice lawyers). The profession has not yet seen fit to acknowledge any distinction between antitrust enforcement and government regulation of the direct command-and-control variety, even though the former is based on a preference for free competition over government as a social control mechanism. Thus, although antitrust enforcers, as supporters of free enterprise, would seem to share doctors’ preference for viewing medical care as an essentially private business, a considerable gap in understanding has yet to be bridged. It remains to be seen whether physicians will in time come to view antitrust enforcers, if not as allies in the war against regulation, then at least as the lesser of two evils—like the enemy in a two-front war to whom one would prefer to surrender because of the nature of the regime one could expect to live under in the future (Havighurst, 1979; Havighurst and Hackbarth, 1979).

A major reason given by professionals and some others for their concern about the antitrust enforcement effort in this industry is the fear that antitrust doctrine and enforcement, being geared to commerce in ordinary goods and services, will prove insensitive to the special features of the medical care enterprise, particularly the quality-of-care problem and the medical profession’s self-regulatory responsibilities. Although the Supreme Court has periodically held out the possibility that professional services would be treated differently from other industries, each successive statement of this possibility has been framed more narrowly than the preceding one.5 Moreover, the Court has yet to decide a case limiting the reach of antitrust principles into a profession’s self-regulatory domain. It remains to be seen, therefore, precisely where substantive law will finally place the professions and whether medical care will be found to be entitled in any way to special treatment.