Discover and Capps cuatro/10 at 51-56; Capps Speech, supra note 42, during the thirteen-18

Discover and Capps cuatro/10 at 51-56; Capps Speech, supra note 42, during the thirteen-18

173 Find Town Vistnes, supra note 103, from the 749-50 (quoting healthcare leverage for the negotiations that have addressed care and attention groups and you can wanting zero statistically tall differences when considering non-finances as well as for-finances hospitals’ pricing behavior); Capps mais aussi al., Competition and ) (unpublished manuscript, towards the file with Commission) (quoting consumers’ readiness to cover the newest introduction from certain hospitals within wellness package system, and using rates regressions, forecast that power outcomes speed and this there’s no difference between your decisions of non-earnings and-profits).


174 Jacobson cuatro/ten at 70; Peter D. Jacobson, The master of medical Worry Enterprise: ‘s the Maybe not-for-Profit Means Out-of-date? 3 (4/10) (slides) [hereinafter Jacobson Speech], during the

176 Discover basically Jill R. Horwitz, The reason we Have to have the Separate Field: The brand new Decisions, Legislation, and you can Business economics out-of Not-For-Cash Healthcare facilities, 50 UCLAL. 1345 (2003).

177 Jacobson 4/ten in the 81-82; Jacobson Speech, supra note 174, during the several (indicating one to administrators out of a for- earnings organization possess good fiduciary obligation to maximize shareholder value, while administrators regarding an excellent nonprofit entity have a fiduciary duty to help you the studio and town, demanding them to equilibrium their margin against its goal). See as well as Roger G. Pariseau, Statements (Public Comment) (suggesting that organizations working in health care business will be nonprofit).

178 Fay 4/ten dominant site at 24-25; Anthony Fay, FTC/DOJHearings toward Healthcare and you may Battle Legislation and you can Coverage Declaration of the brand new Federation of American Hospitals – Hospital’s Nonprofit Status 3 (4/10), on docs/030410fay.pdf. Pick and additionally Sofaer 5/29 at 201-202 (noting that references to a good “managed proper care revolution” was misnomers, because there might have been no addressed care, only treated rates, and therefore however, there was matter at the same time in the getting-profit treatments, that really has not been a problem, “because . ‘non-profit’ business in medical care tend to react really particularly for-earnings business in health care.”).

179 Vogt 9/9/02 within 52 (“[T]the guy literature is fairly obvious the maybe not for-payouts cannot provide a whole lot far more foundation care, if far more charity proper care at all. In reality, what quick variation you will find for the foundation proper care try taken into account because of the location of the maybe not-for-money hospitals.”); discover in addition to Sloan 4/10 during the 57; David An effective. Hyman, Hospital Conversion rates: Facts, Fantasy, and you will Regulatory Follies, 23 J. Corp. , Is actually To possess-Profit Hospital Conversions Damaging to Customers and Medicare?, 33 Rand J. Econ. 507 (2002).

L. 741 (1998); David Blumenthal Nigel Edwards, New Tale off A few Options: The latest Changing Instructional Health Cardiovascular system, 19 Health Items 86 (); Gabriel Picone ainsi que al

180 See, age.g., Medical Classification To buy: Gets the Markets Become more Accessible to Competition?: Hearing Until the Subcomm. with the Antitrust, Race Rules and User Rights of your own Sm. with the Judiciary, GAO-03-998T, 108th Cong. (2003); Healthcare Category To invest in: Minimizing Costs at the expense of Diligent Health and Scientific Innovations?: Reading Until the Subcomm. towards Antitrust, Battle Plan and you will Individual Legal rights of Sm. with the Judiciary, GAO-02-690T, 107th Cong. (2002); Group To find Groups: Use of Hiring Process and methods so you’re able to Honor Agreements to own Scientific-Surgical Factors: Up until the Subcomm. toward Antitrust, Competition Coverage and you can User Legal rights of Sm. towards the Judiciary, 108th Cong. (2003) (testimony regarding You.S. General Bookkeeping Work environment) [hereinafter GAO Senate Testimony, Contracting]; Classification To order Company: Pilot Study Means Highest To shop for Groups Do not Always Offer Hospitals All the way down Prices: Until the Subcomm. with the Antitrust, Battle Coverage and you can Individual Liberties of your own Sm. towards the Judiciary, 107th Cong. (2002) (testimony of You.S. Standard Bookkeeping Office) [hereinafter GAO Senate Testimony, Pilot Analysis].

183 Find Wellness World Category To shop for Ass’n (HIGPA), Class To buy Teams 6 (Public Review) (registered of the Robert Betz) [hereinafter HIGPA (societal cmt)]; Herbert Hovenkamp, Aggressive Aftereffects of Group To invest in Organizations'(GPO) Buying and you can Unit Alternatives Strategies throughout the Medical care Business step 1 (2002) (prepared on the part of Health Business Group Buying Relationship). Discover also American Club Ass’n, Section of Antitrust Rules, Statements About your Federal Trade Commission’s Workshop for the Medical care and you may Battle Laws and you can Policy () 27-34 (Societal Feedback).