173 See Area Vistnes, supra notice 103, at 749-50 (estimating hospital influence from inside the negotiations that have addressed care and attention communities and you will looking for zero statistically significant differences when considering non-earnings as well as for-profit hospitals’ pricing conclusion); Capps mais aussi al., Battle and you may ) (unpublished manuscript, toward file with Payment) (quoting consumers’ willingness to pay for the introduction of specific hospitals in their wellness bundle system, and ultizing speed regressions, predicted you to influence consequences price and this there isn’t any huge difference involving the choices regarding low-profits as well as for-profits).
Rev
174 Jacobson 4/10 at the 70; Peter D. Jacobson, The master of the Proper care Organization: Is the Not-for-Money Mode Out-of-date? step 3 (4/10) (slides) [hereinafter Jacobson Speech], at the
176 Discover generally Jill R. Horwitz, Why we Require Separate Sector: The fresh new Choices, Legislation, and you can Business economics away from Perhaps not-For-Earnings Healthcare facilities, 50 UCLAL. 1345 (2003).
177 Jacobson cuatro/10 at the 81-82; Jacobson Demonstration, supra notice 174, within several (recommending you to definitely administrators out-of a for- money organization provides a great fiduciary obligations to maximise shareholder well worth, while you are administrators of a great nonprofit entity possess a great fiduciary duty so you can both the studio and to the community, demanding these to equilibrium the margin against the mission). Discover and additionally Roger G. Pariseau, Comments (Personal Remark) (suggesting that most agencies involved in healthcare business are going to be nonprofit).
178 Fay cuatro/10 in the twenty four-25; Anthony Fay, FTC/DOJHearings on Health care and Competition Rules and you will Rules Report off the Federation from Western Medical facilities – Hospital’s Nonprofit Condition step 3 (4/10), at docs/030410fay.pdf. See plus Sofaer 5/29 at 201-202 (detailing you to definitely records to help you good “handled care and attention trend” was misnomers, since there has been zero handled worry, just addressed rates, and this even though there try question at one time in the to own-cash medication, that truly has not been something, “for the reason that . ‘non-profit’ establishment in medical care have a tendency to react a great deal for example to possess-earnings establishment for the health care.”).
179 Vogt nine/9/02 at the 52 (“[T]the guy books is fairly clear the perhaps not having-winnings do not give really a lot more charity worry, in the event the more charity care at all. Actually, exactly what brief variation there can be from inside the charity worry is actually accounted for from the precise location of the maybe not-for-profit hospitals.”); get a hold of in addition to Sloan 4/ten during the 57; David A good. Hyman, Hospital Conversions: Reality, Dream, and you will Regulatory Follies, 23 J. Corp. , Try Getting-Cash Healthcare Sales Bad for Patients also to Medicare?, 33 Rand J. Econ. 507 (2002).
L. 741 (1998); David Blumenthal Nigel Edwards, The fresh new Facts out of A couple Options: Brand new Changing Academic Wellness Cardiovascular system, 19 Health Factors 86 (); Gabriel Picone ainsi que al
180 Select, elizabeth.grams., Healthcare Group To acquire: Has the Market Become more Offered to Battle?: Hearing Before the Subcomm. towards the Antitrust, Race Policy and Consumer Legal rights chatstep-ondersteuning of your own Sm. for the Judiciary, GAO-03-998T, 108th Cong. (2003); Healthcare Category To find: Lowering Will set you back at the cost of Diligent Health and Medical Innovations?: Reading Up until the Subcomm. with the Antitrust, Competition Plan and you can User Liberties of your Sm. to the Judiciary, GAO-02-690T, 107th Cong. (2002); Group Buying Communities: Use of Employing Techniques and methods so you’re able to Award Deals to have Medical-Medical Products: Through to the Subcomm. to your Antitrust, Competition Rules and you can Individual Rights of your Sm. towards the Judiciary, 108th Cong. (2003) (testimony off U.S. Standard Bookkeeping Office) [hereinafter GAO Senate Testimony, Contracting]; Group To buy Team: Airplane pilot Study Suggests High To invest in Organizations Don’t Always Render Medical facilities All the way down Prices: Till the Subcomm. towards the Antitrust, Battle Plan and you can Consumer Rights of the Sm. for the Judiciary, 107th Cong. (2002) (testimony out-of U.S. Standard Bookkeeping Workplace) [hereinafter GAO Senate Testimony, Pilot Research].
183 Find Fitness Community Group To buy Ass’n (HIGPA), Category To get Organizations six (Societal Opinion) (recorded from the Robert Betz) [hereinafter HIGPA (personal cmt)]; Herbert Hovenkamp, Aggressive Outcomes of Class To purchase Organizations'(GPO) To buy and you may Tool Possibilities Means on the Medical care Industry step one (2002) (prepared with respect to Health Globe Classification To find Association). Find together with Western Bar Ass’n, Section of Antitrust Rules, Comments Regarding the Federal Trade Commission’s Working area on the Health care and you can Race Rules and you will Rules () 27-34 (Personal Remark).