Provider Exclusion in US Private Health Insurance Contract

Authors

  • Michael M Costello Department of Health Administration & Human Resources, University of Scranton, PA, United States

DOI:

https://doi.org/10.14738/abr.124.16773

Keywords:

Health insurance, Insurance contracts, Antitrust

Abstract

Two national newspaper articles published in the Fall of 2018 addressed the issue of private health insurance provider contracts that act to exclude specific health systems from health plan networks. Inevitably, the question arises: Are such agreements illegal restraints of trade actionable under federal and state antitrust laws? A long-standing tenet of antifrust law is that it exists to protect competition not competitors. Excluding providers may be a legitimate outgrowth of the contracting process and therefore legal. However, an examination of the contracting process may reveal anticompetitive intent to restrain trade. The specific facts surrounding provider exclusion must be analyzed carefully in an effort to determine if there is illegal restraint of trade.

References

Mathews AW. Secret hospital deals drive rising health costs. Wall Street Journal. 2018 September 19: Al.

Mathews AW. Grassley seeks probe of hospital contracts. Wall Street Journal. 2018 October 11: A3.

Act of 1945. 15 U.S.C., 1011-1015.

Lochner v. New York. 198 U. S. 45 (1905).

Giannaccari A, Van den Bergh R. Unilateral conduct of dominant firms. In Van den Bergh, R. Comparative Competition Law and

McCar&iY T, Thomas S. Anti-trust issues between payers and providers. Antitrust Health Care Chronicle. Summer 2002.

Giannaccari and Van den Bergh. p.306.

Van den Bergh. p.86-87.

Hovenkamp H. The Anti-trust Enterprise. Cambridge, MA: Harvard University Press; 2005. p. 155.

Wu T. The Curse of Bigness. New York, NY: Columbia Global Reports; 2018. p. 136.

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Published

2024-04-05

How to Cite

Costello, M. M. (2024). Provider Exclusion in US Private Health Insurance Contract. Archives of Business Research, 12(4), 14–17. https://doi.org/10.14738/abr.124.16773