U.S. Department
of Justice
Health Care Hearings: June Agenda
Hearings Information
Beginning in February 2003, the Antitrust Division and the Federal Trade Commission (FTC) cohosted hearings on health care and competition law and policy. For more information, consult the hearings information page.
Agenda
June 10, 2003
Quality and Consumer Protection: Market Entry
In health care, market entry is influenced by a number of factors, including the necessity of meeting state regulatory requirements such as licensure and certificate of need. Professional associations and individual providers have used a variety of strategies to limit entry by potential competitors and prevent unbundling and de-skilling of the services that they provide. Thus, in many states, there are significant limitations on market entry by new competitors, and opposition to the efforts of existing competitors to expand the range of services they provide.
Questions for consideration:
- What does the empirical evidence indicate about the cost, quality, and availability of services provided by nurse-midwives, nurse-anesthetists, dental hygienists, physician-assistants, pharmacists, optometrists, physical therapists, and other professionals and para-professionals?
- What regulatory and non-regulatory strategies have been employed to restrict independent practice or broadened clinical autonomy by these providers?
- What reasons have been advanced to justify such restrictions on entry?
- Do the regulatory strategies that have been employed reflect the least restrictive means of accomplishing the intended objectives?
- What consumer information and protection issues would be raised by a less-restrictive environment for market entry?
| 9:15 a.m.– 12:30 p.m. |
Morning Session Morning Session Panelists: Susan Apold, American College of Nurse Practitioners |
| 2:00 p.m.– 5:00 p.m. |
Afternoon Session Afternoon Session Panelists: Jeffrey C. Bauer, Superior Consultant Company, Inc. |
June 11, 2003
| 9:15 a.m.– 12:30 p.m. |
Morning Session Questions for consideration:
Meredyth Smith Andrus, Office of the Attorney General, Maryland |
| 2:00 p.m.– 5:00 p.m. |
Afternoon Session An increasing number of elderly Americans spend time in long term care or an assisted living facility. Questions for consideration:
Donna Lenhoff, National Citizens Coalition for Nursing Home Reform |
June 12, 2003
| 9:15 a.m.– 12:30 p.m. |
Morning Session For the non-elderly, health care is financed through voluntary insurance contracts. Employment-based health insurance covers the majority of non-elderly insured Americans. Questions for consideration:
Health insurance is aggressively regulated by the states, with more limited regulation by the federal government. Questions for consideration:
Marcia L. Comstock, M.D., Wye River Group on Healthcare |
| 2:00 p.m.– 5:00 p.m. |
Afternoon Session Questions for consideration:
Laura Carabello, CPRi Communications |
June 25, 2003
| 2:00 p.m.– 5:00 p.m. |
Afternoon Session A number of states have long mandated coverage of a variety of health care services, including certain pharmaceuticals. Questions for consideration:
Daniel P. Gitterman, University of North Carolina, Chapel Hill |
June 26, 2003
| 9:15 a.m.– 12:30 p.m. |
Morning Session Pharmacy benefit managers (PBMs) have emerged as major factors in the marketing and distribution of pharmaceuticals. Questions for consideration:
David Balto, White & Case |
| 2:00 p.m.– 5:00 p.m. |
Afternoon Session To provide prospective guidance to requesting parties and to the public, the FTC provides advisory opinions and the DOJ provides business review letters. Over the past decade, the FTC and DOJ have each generated approximately a half dozen such opinions and letters relating to health care per year. Questions for consideration:
Jeff Brennan, Federal Trade Commission |