Appendix B:
Public Comments

FTC Workshop on Health Care and Competition Law and Policy
September 9-10, 2002

Primary Source: http://www.ftc.gov/os/comments/healthcarecomments/index.htm.

Name Title of Comment
American Bar Association, Section of Antitrust Law
  • Comments Regarding The Federal Trade Commission's Workshop on Health Care and Competition Law and Policy (Oct. 2002)
American College of Surgeons (ACS)
  • Comments Regarding the Federal Trade Commission (FTC) Workshop on Health Care Competition Law and Policy (Sept. 30, 2002) [Submitted by Thomas R. Russell]
American Medical Association (AMA)
  • On Integration, Physician Joint Contracting, and Quality: Taking a Fresh Look at Some "Settled" Questions (Sept. 9, 2002) [Presentation by Catherine Hanson]
Carolyn Buppert
  • Comments Regarding Competition Law and Policy & Health Care (Aug. 30, 2002)
George H. Koenig
  • Additional Testimony Subsequent to FTC Workshop on Health Care and Competition Law and Policy (Sept. 16, 2002)
Robert F. Leibenluft
  • Comments Regarding Competition Law and Policy & Health Care (Sept. 30, 2002) [On Behalf of The Antitrust Coalition for Consumer Choice in Health Care (ACCC-HC)]
  • Letter to Member of Congress (Apr. 12, 2002) (The Antitrust Coalition For Consumer Choice in Health Care)
  • Competition in Health Insurance and Physician Markets: A Review of "Competition in Health Insurance: A Comprehensive Study of US Markets" By the American Medical Association (Apr. 2002) (Prepared by Charles River Associates)
  • "Why Physician Cartels Do Not Need a "Fresh Look" — a Response to the AMA's Testimony at the FTC Health Care Competition Workshop
Magazine Publishers of America (MPA)
  • Comments Regarding Competition Law and Policy & Health Care (Sept. 30, 2002) [Submitted by James R. Cregan]
Roy J. Meidinger
  • Health Industry: Great Intentions Gone Bad
Novation
  • Comment Regarding Competition Law and Policy & Health Care (Sept. 30, 2002) [Submitted by Jody Hatcher]
Pfizer Inc.
  • Comments of Pfizer Inc. in Response to FDA Request for Comments on First Amendment Issues, Docket No. 02N-0209 (Sept. 13, 2002) [George W. Evans & Arnold I. Friede]
Prairie Health Purchasing Alliance (PHPA)
  • Comments Regarding Competition Law and Policy & Health Care (Sept. 27, 2002)[Submitted by Benjamin Vander Kooi, Jr.]
David L. Redfern
  • Competition in Health Care Workshop (Oct. 8, 2002)
  • Attachment 1 - Woman's Clinic, Inc. v. St. John's Health System, Inc., Cause No. 01-3245-CV-S AE-ECF (Dec. 21, 2001) (First Amended Complaint)
  • Attachment 2 - Compromise and Settlement Agreement Between Sisters of Mercy Health System, St. Louis, Inc. and State of Missouri
  • Attachment 3 - Executive Council of Greene County Medical Society Memo (July 12, 2001); Letter from Rosary Payne, Division Counsel, American Medical Association (AMA) (Sept. 12, 2001); Sandy Z. Poneleit, Doctors' Departures Worry Medical Society, Springfield News-Leader (July 24, 2001)
  • Attachment 4 - Claudette Riley, Premiums Eat Up Teachers' Raises, Springfield News-Leader (Sept. 6, 2001); Claudette Riley, Focus Put on School Health Benefits, Springfield News - Leader (Sept. 14, 2001); Sandy Z. Poneleit, Companies' Health Care Costs Soar, Springfield News -Leader (Feb. 15, 2002); Jack Wang, Health Insurance Premiums Will Skyrocket for Some State Employees, KY3 News (Aug. 21, 2002); Cheryl Capages, Economic Survey Reveals Local Optimism, Springfield Bus. J. 3 (Oct. 29 - Nov. 4, 2001); Commerce Bank, 2002 Economic Survey Results
  • Attachment 5 - American Medical Association, Competition in Health Insurance: A Comprehensive Study of U.S. Markets. (Nov. 2001)
Washington Business Group on Health (WBGH)
  • Comments Regarding Competition Law and Policy & Health Care (Sept. 30, 2002) [Submitted by Helen Darling]

FTC/DOJ Hearings on Health Care and Competition Law and Policy
February to September 2003

Primary Source: http://www.ftc.gov/os/comments/healthcarecomments2/index.htm.

Name Title of Comment
Academy of Managed Care Pharmacy (AMCP)
  • Comments Regarding the June 26, 2003 Joint FTC-DOJ Hearings on Health Care and Competition Law and Policy (Pharmaceuticals: Formulary) (Aug. 5, 2003)
  • Principles of a Sound Drug Formulary System (Oct. 2000)
  • Where We Stand: Regulation of Pharmacy Benefit Management Companies (Approved by the AMCP Board of Directors Apr. 3, 2002)
  • Where We Stand: Formularies (Revised by the AMCP Board of Directors Feb. 2003)
  • Concepts in Managed Care Pharmacy: Formulary Management (June 1998)
American Academy of Pediatrics
  • Testimony Before the Federal Trade Commission on Health Care and Competition Law and Policy (Feb. 27, 2003) [Presented by Tim Doran]
American Association of Health Plans (AAHP)
  • Perspectives on Competition Policy and the Health Care Marketplace (Feb. 27, 2003) [Statement of Stephanie Kanwit]
  • Additional Talking Points in Response to AHA's Study on Hospital Costs (Feb. 27, 2003) [Submitted by Stephanie Kanwit]
  • The Myth of Health Plan Monopsony Power (Apr. 25, 2003) [Presentation by Stephanie Kanwit]
  • The Myth of Health Plan Monopsony Power (Apr. 25, 2003) [Statement of Stephanie Kanwit]
  • Toward A More Accountable Regulatory System (June 25, 2003) [Presentation by Karen Ignagni]
American Association of Nurse Anesthetists (AANA)
  • Comments Regarding Hearings on Health Care and Competition Law and Policy (Nov. 20, 2003) [Submitted by Frank Purcell]
  • Selected Literature on Anesthesia Markets, Quality Outcomes, and Responses to Anti-competitive Behaviors
  • New Economic Perspectives on the Market for Anesthesia Services: Achieving Desired Reforms Through Fair Competition (Nov. 2003) [Presented by Jeffrey C. Bauer]
  • John D. Klein, When Will Managed Care Come to Anesthesia?, 23 J. Health Care Fin. 62 (1997)
  • Ira P. Gunn, Health Educational Costs, Provider Mix, and Healthcare Reform: A Case in Point - Nurse Anesthetists and Anesthesiologists, 64 J. Am. Ass'n of Nurse Anesthetists 48 (1996)
  • Michael Pine et al.,Surgical Mortality and Type of Anesthesia Provider, 71 AANA J. 109 (2003)
  • Jeffrey H. Silber et al., Anesthesiologist Direction and Patient Outcomes, 93 Anesthesiology 152 (2000)
  • Medicare and Medicaid Programs; Hospital Conditions of Participation: Anesthesia Services, 66 Fed. Reg. 4,674 (2001)
  • Quality of Care in Anesthesia (Oct. 23, 2003), at http://www.aana.com/crna/prof/quality_silber2.asp
  • Jerry Cromwell, Health Professions Substitution: A Case Study of Anesthesia, in The U.S. Health Workforce: Power, Politics, and Policy 219 (Marian Osterweis et al. ed., 1996)
  • Testimony of Jan Stewart On Behalf of the American Association of Nurse Anesthetists, Before the House Judiciary Committee (June 22, 1999)
  • Quality of Care in Anesthesia: Synopsis of Published Information Comparing Certified Registered Nurse Anesthetist and Anesthesiologist Patient Outcomes (2002)
American Bar Association, Section of Antitrust Law
  • Comments on the Public Hearings on Health Care and Competition Law and Policy (Dec. 18, 2003)
American Chiropractic Association (ACA)
  • Comments Regarding Health Care and Competition Law and Policy (Sept. 9, 2003) [Submitted by Daryl D. Wills & James D. Edwards]
  • Comments Regarding Health Care and Competition Law and Policy (Nov. 25, 2003) [Submitted by Donald J. Krippendorf & George B. McClelland]
  • Brief of Appellants, American Chiropractic Association, Inc. v. Trigon Health Care Inc. (4th Cir. 2003) (No. 03-1675) (Aug. 18, 2003)
American College of Nurse-Midwives
  • Addendum of Cases and Articles For Statement of Lynne Loeffler for the American College of Nurse-Midwives (July 25, 2003)
American Congress on Electroneuromyography
  • Comments Regarding Health Care and Competition Law and Policy (July 15, 2003)
American Health Planning Association (AHPA)
  • AHPA Testimony Support Information (June 10, 2003)
  • Certificate of Need and Related Health Services Regulation, Representative Publications and Reports
  • Health Service Volume and Treatment Outcome, Representative Published Studies
  • Comparative Studies of For-Profit and Not-For-Profit Health Care Services, Representative Publications and Reports
  • Thomas R. Piper, Certificate of Need: Protecting Consumer Interests
American Medical Association (AMA)
  • Health Care Competition Law and Policy — Quality and Consumer Information: Market Entry (June 10, 2003)
  • Physician Information Sharing (Sept. 24, 2003)
  • Physician IPAs: Patterns and Benefits of Integration, and Other Issues (Sept. 25, 2003)
  • Physician IPAs: Messenger Model (Sept. 25, 2003) [Oral Statement of J. Edward Hill]
  • Health Care Competition Law and Policy — Quality and Consumer Information: Physicians (May 30, 2003) [Presented by Nancy H. Nielsen]
  • The Impact of Monopsony on the Practice of Medicine: Market Definition, Competitive Effects and Countervailing Power Theory and Practice (Apr.-May 2003) [Presented by Stephen E. Foreman]
American Nurses Association
  • American Nurses Association, Testimony Before the Federal Trade Commission and Department of Justice on Perspectives on Competition Policy and the Health Care Marketplace (Feb. 27, 2003) [Presented by Winifred Carson-Smith]
  • Attachment A - State Legislation Which Affects Nursing Practice (1999 Chart)
  • Attachment B - Linda Pearson, Fifteenth Annual Legislative Update: How Each State Stands on Legislative Issues Affecting Advanced Nursing Practice, 28 The Nurse Practitioner 26 (2003)
  • Attachment C - References to Advanced Practice Nurses As Primary Care Providers in State Statute (Feb. 2002)
  • Attachment D - States Which Offer Nurse Privileging (2001 Chart)
  • Attachment E - Joint Regulation of Advanced Nursing Practice (1992, revised 1997)
  • Attachment F - Letter from Geri Marullo, Executive Director, American Nurses Association, to Dennis O'Leary, President, Joint Commission on the Accreditation of Healthcare Organizations (Mar. 17, 1995)
  • Attachment G - Letter from Winifred Y. Carson, Nurse Practice Counsel, American Nurses Association, to David J. Rubben, Legal Counsel, Secretary, United Behavioral Health (July 21, 1997)
Jonathan Bates
  • Comments Regarding Health Care Competition Law and Policy (July 21, 2003)
Patricia Cameron
  • Personal Views
Dan Caldwell
  • Health Care Competition Law and Policy Hearings (Editorial submitted to Modern Healthcare weekly magazine) (June 5, 2003)
California Association of Physician Groups (CAPG)
  • Clarifying the Health Care Statements' Policies of Clinical Integration and Ancillarity (Mar. 2004)
Sandy Duffy
  • Testimony of Sandy Duffy, Before the Government Reform Committee, Wellness and Human Rights Subcommittee (May 8, 2003)
Einer Elhauge
  • Antitrust Analysis of GPO Exclusionary Agreements (Sept. 26, [2]003)
Melissa M. English
  • Comments Regarding Anti-Competition Practices (July 22, 2003)
Michael Greger
  • Comments Regarding Hearings on Health Care and Competition Law and Policy: Specifically in Reference to the Practice of Unauthorized Pelvic Exams in Medical Training
Health Industry Group Purchasing Association (HIGPA)
  • Group Purchasing Organizations (Sept. 26, 2003) [Submitted by Robert Betz]
Joe Holzer
  • Comments Regarding Hearings on Healthcare Competition Law & Policy (July 10, 2003)
Independence Blue Cross
  • FTC/DOJ Hearings on Health Care and Competition Law and Policy (July 23, 2003) [Submitted by John A. Daddis]
Institute on Health Care Costs and Solutions
  • Transparency and Disclosure: The Route to Accountability, 2 IssueBrief 1 (Mar./Apr. 2003
James J. Kane, Jr.
  • Health Care Competition Law and Policy Hearings (June 4, 2003)
Massachusetts Council of Community Hospitals (MCCH)
  • Comments (Apr. 3, 2003) [Submitted by Donald J. Thieme]
  • Cape Ann Economics Report for MCCH (June 2001)
Robert M. McNair, Jr.
  • FTC/DOJ Hearings on Health Care and Competition Law and Policy (July 24, 2003)
Woodrow A. Myers
  • Quality and Consumer Information (May 29, 2003)
National Association of Clinical Nurse Specialists (NACNS)
  • Comments Regarding Health Care and Competition Law and Policy (Nov. 24, 2003)
National Board for Certification of Hospice and Palliative Nurses (NBCHPN)
  • NBCHPN Response to Hearings on Health Care and Competition Law and Policy Regarding Advanced Practice Registered Nurse Task Force of the National Council for State Boards of Nursing, Inc. (Sept. 30, 2003)
  • Attachment A - Backgrounds and Qualifications of the Content Expert Panel for the Advanced Practice Palliative Care Certification Examination
  • Attachment B - Fifth Iteration Draft of the Voluntary Consensus Standards for Quality Palliative Care
  • Attachment C - Selected Provision of the Bylaws of NCSBN
National Council of State Boards of Nursing, Inc. (NCSBN)
  • Comments Regarding Hearings on Health Care and Competition Law and Policy (July 31, 2003) [Submitted by Donna M. Dorsey]
  • Comments Re: Letter from the National Board for Certification of Hospice and Palliative Nurses (Jan. 8, 2004) [Submitted by Donna M. Dorsey]
National Surgical Hospitals
  • Single Specialty Hospitals (Mar. 27, 2003)
National Women's Law Center (NWLC)
  • Comments Regarding Health Care and Competition Law and Policy (Nov. 25, 2003)
Noreen Farrell Nickolas
  • Comments Regarding Health Care and Competition Law and Policy (July 17, 2003)
NOVA Biomedical
  • Comments Regarding Health Care and Competition Law and Policy (Nov. 7, 2003) [Submitted by Howard Deahr]
Lynne Odell-Holzer
  • Comments: FTC/DOJ Hearings Regarding Anti-competitive Practices in Healthcare Industry
PacifiCare of California
  • Health Insurance Monopoly Issues — Competitive Effects (Apr. 23, 2003) [Statement of Fred Dodson]
Roger G. Pariseau, Jr.
  • Comments
Partners
  • Comments (Apr. 11, 2003) [Submitted by Brent L. Henry]
Elissa Schoenlank
  • Federal Trade Commission and U.S. Department of Justice Hearings on Health Care and Competition Law and Policy (Feb. 25, 2003)
  • Exhibit A - BlueCross BlueShield of Utica - Watertown Comprehensive Coverage
  • Exhibit B - Letter from Woods McCahill, Medical Director, Health Centers (Apr. 9, 2002)
  • Exhibit C - Letter from Debra Mangino, Memorial Sloan-Kettering Cancer Center
  • Exhibit D - Letter from Kitty Houghtalling, Customer Advocate Associate, BlueCross BlueShield, to Karl F. Glindmyer, Examiner, Consumer Service Bureau, State of New York Insurance Department (Sept. 3, 2002)
  • Exhibit E - List of Account Services
Vincent Scicchitano
  • Contracting Practices (Mar. 27, 2003)
Service Employees International Union (SEIU)
  • Comments Regarding Hearings on Health Care and Competition Law and Policy
Spectrum Health
  • Comments Regarding Hearings on Health Care Competition Law and Policy (June 26, 2003) [Submitted by Michael Freed]
  • Medicare Study Shows Best Care Isn't Always the Most Expensive, The Wall Street Journal (Feb. 18, 2003)
  • Spectrum Health, Defining Health Care Value (Sept. 2002)
Christine A. Sullivan
  • Comments Regarding Hearings on Health Care Competition Law and Policy (Sept. 19, 2003)
Reed V. Tuckson
  • UnitedHealth Group Initiatives to Improve Quality, Safety and Consumer Decision Making (May 30, 2003)
Cathryn Wright
  • Comments Regarding Hearings on Health Care Competition Law and Policy (July 22, 2003)