Certificate-of-need in an antitrust context.

Published

Journal Article

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.

Full Text

Duke Authors

Cited Authors

  • James, AE; Sloan, F; Blumstein, J; Winfield, AC; Pendergrass, HP

Published Date

  • January 1, 1983

Published In

Volume / Issue

  • 8 / 2

Start / End Page

  • 314 - 319

PubMed ID

  • 6619535

Pubmed Central ID

  • 6619535

Electronic International Standard Serial Number (EISSN)

  • 1527-1927

International Standard Serial Number (ISSN)

  • 0361-6878

Digital Object Identifier (DOI)

  • 10.1215/03616878-8-2-314

Language

  • eng