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 ASC's Antitrust Claim Survives Summary Judgment
On December 30, 2009, Judge Michael M. Mihm of the U.S. District Court for the Central District of Illinois denied summary judgment with respect to Peoria Day Surgery Center�s (PDSC) claims alleging that OSF Healthcare System (OSF), d/b/a Saint Francis Medical Center (SFMC), violated the Sherman Act and tortiously interfered with the prospective economic advantages between PDSC and Midwest Orthopedic Center, which was considering entering into a joint venture with PDSC. Accordingly, Judge Mihm�s decision permits PDSC to pursue these claims against SFMC at trial.
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Shift from Independent Private Practice to Hospital-Centric
Increases in hospital acquisition of physicians and group practices is driven by: (1) hospital efforts to increase physician alignment and shore up referral sources; and, (2) growing concerns by physicians regarding decreased reimbursement rates and healthcare reform initiatives. These drivers, in addition to changes in the regulatory and technology environment of the healthcare industry, are indicators of the changing face of the physician-hospital relationship.
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Houston's Largest Hospital Reaches Antitrust Settlement Agreement
Memorial Hermann Hospital entered into a settlement agreement regarding antitrust violations alleged by the owners of Town & Country Hospital, one of its former competitors which closed in 2007. This settlement agreement, reached on January 11, 2010, is the second such agreement that Memorial Hermann has entered into in the last year, which suggests an increased enforcement of antitrust regulations.
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The Scope of Non-Physician Provider Practice
The healthcare workforce dynamic continues to diversify in order to offset the current and impending physician shortage; increasing demand attributed to a graying population and an increased incidence of chronic disease; and, the perpetual downshift in reimbursement rates. As physician supply and reimbursement continue to decline, physician demand for support services, supplemental services, and parallel services will escalate, resulting in the continued evolution of technicians and paraprofessionals, mid-level providers, and allied health professionals to meet versatile manpower needs.
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