The Physician Self-Referral Dilemma: Enforcing Antitrust Law as a Solution
Mathews, Julie E.
American Journal of Law and Medicine. 1993; 19(4): 523-546.
As health care reform pervades the United States, lawmakers have subjected physician self-referrals to heightened scrutiny. Recent evidence indicates that sending patients to facilities in which a physician has an ownership interest often causes overutilization, overpricing, and lower quality of care. This Note analyzes how physician self-referral arrangements can have negative effects on competition. To combat the adverse effects, the Note examines how enforcing antitrust laws can ameliorate the self-referral dilemma and aid in restoring competition to the health care market. This solution will maintain the doctor's right to invest while protecting the patient's vulnerability.
Adverse Effects; Conflict of Interest; Economics; Entrepreneurship; Government; Health; Health Care; Health Care Delivery; Health Care Reform; Health Facilities; Health Services; Health Services Misuse; Incentives; Law; Legal Aspects; Laws; Ownership; Patients; Physician Self-Referral; Proprietary Health Facilities; Quality of Health Care; Regulation;
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