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Certificate-of-need in an antitrust context.

Publication ,  Journal Article
James, AE; Sloan, F; Blumstein, J; Winfield, AC; Pendergrass, HP
Published in: Journal of health politics, policy and law
January 1983

Recent cases such as National Gerimedical Hospital and Gerontology Center v. Blue Cross of Kansas City have found that certificate-of-need (CON) legislation did not intend to remove antitrust considerations. This note discusses the exemptions from antitrust provided by the state action doctrine of Parker v. Brown as well as the Noerr-Pennington doctrine, both of which appear to protect provider input into the CON process. Providing information that assists decision-making must be carefully distinguished from providing data that serve the interests of physicians and hospitals.

Duke Scholars

Published In

Journal of health politics, policy and law

DOI

EISSN

1527-1927

ISSN

0361-6878

Publication Date

January 1983

Volume

8

Issue

2

Start / End Page

314 / 319

Related Subject Headings

  • United States Federal Trade Commission
  • United States
  • Regional Health Planning
  • Humans
  • Health Policy & Services
  • Health Policy
  • Economic Competition
  • Certificate of Need
  • 1801 Law
  • 1605 Policy and Administration
 

Citation

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ICMJE
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James, A. E., Sloan, F., Blumstein, J., Winfield, A. C., & Pendergrass, H. P. (1983). Certificate-of-need in an antitrust context. Journal of Health Politics, Policy and Law, 8(2), 314–319. https://doi.org/10.1215/03616878-8-2-314
James, A. E., F. Sloan, J. Blumstein, A. C. Winfield, and H. P. Pendergrass. “Certificate-of-need in an antitrust context.Journal of Health Politics, Policy and Law 8, no. 2 (January 1983): 314–19. https://doi.org/10.1215/03616878-8-2-314.
James AE, Sloan F, Blumstein J, Winfield AC, Pendergrass HP. Certificate-of-need in an antitrust context. Journal of health politics, policy and law. 1983 Jan;8(2):314–9.
James, A. E., et al. “Certificate-of-need in an antitrust context.Journal of Health Politics, Policy and Law, vol. 8, no. 2, Jan. 1983, pp. 314–19. Epmc, doi:10.1215/03616878-8-2-314.
James AE, Sloan F, Blumstein J, Winfield AC, Pendergrass HP. Certificate-of-need in an antitrust context. Journal of health politics, policy and law. 1983 Jan;8(2):314–319.
Journal cover image

Published In

Journal of health politics, policy and law

DOI

EISSN

1527-1927

ISSN

0361-6878

Publication Date

January 1983

Volume

8

Issue

2

Start / End Page

314 / 319

Related Subject Headings

  • United States Federal Trade Commission
  • United States
  • Regional Health Planning
  • Humans
  • Health Policy & Services
  • Health Policy
  • Economic Competition
  • Certificate of Need
  • 1801 Law
  • 1605 Policy and Administration