Health Care and Competition Law and Policy

February Topics

The Antitrust Division and the Federal Trade Commission are cohosting hearings on health care and competition law and policy. This page provides details on topics for the February hearings.

For more information, consult the hearings information page or contact David Kelly, Litigation I Section (david.kelly@usdoj.gov or 202-616-9447).

February 26, 2003
Introduction

Keynote addresses. Overview of the health care industry, market developments, and regulatory framework. How well does the health care marketplace perform with regard to cost, quality, and availability of the services that are provided? How is quality defined and measured? What is the optimal level of enforcement of competition law and policy in health care markets to ensure the continued delivery of high quality products and services?

Afternoon Session
1:30 p.m. to 4:30 p.m.

Introductory Remarks:
Timothy J. Muris, Chairman, Federal Trade Commission
R. Hewitt Pate, Acting Assistant Attorney General for Antitrust, U.S. Department of Justice

Keynote Address:
Thomas A. Scully, Administrator, Centers for Medicare & Medicaid Services, U.S. Department of Health & Human Services

Short Break

Framing Presentations:
Paul Ginsburg, Center for Studying Health System Change
Mark Pauly, Wharton School of Business, University of Pennsylvania
Martin Gaynor, Carnegie Mellon University

February 27, 2003
Perspectives on Competition Policy and the Health Care Marketplace

Health care is a complex field, subject to extensive regulation at the state and federal levels. Although there is no “learned professions” exception to the antitrust laws, the application of competition law and policy to health care is often controversial. What specific market imperfections exist in health care and how severe are these imperfections? What pro-competitive and anti-competitive responses (both public and private) have emerged in response to these imperfections? What specific challenges and complications arise in applying competition law and policy to health care? What impact has competition law and policy had on health care markets?

Morning Session
9:30 a.m. to 12:30 p.m.

Opening Remarks:
William Kovacic, Federal Trade Commission

Framing Presentations:
James Blumstein, Vanderbilt University
Peter Hammer, University of Michigan

Panel:
Helen Darling, Washington Business Group on Health
Jacqueline M. Darrah, American Medical Association
Charles N. Kahn, III, Federation of American Hospitals
Stephanie Kanwit, American Association of Health Plans
Arnold Milstein, M.D., American Benefits Council
Christine Varney, representing American Hospital Association

Short Break

Moderated Panel Discussion

Afternoon Session
2:00 p.m. to 5:00 p.m.

Framing Presentations:
Judy Feder, Georgetown University
Thomas Greaney, St. Louis University School of Law

Panel:
Winifred Carson-Smith, American Nurses Association
Henry Desmarais, M.D., Health Insurance Association of America
Frank Opelka, M.D., American College of Surgeons
Peter Sfikas, American Dental Association
Timothy Doran, M.D., American Academy of Pediatrics

Short Break

Moderated Panel Discussion

February 28, 2003
A Tale of Two Cities

In many geographic markets in the United States there has been a significant amount of market turbulence and varying degrees of consolidation among health care providers and insurers. Boston and Little Rock provide two points on the spectrum of market consolidation. To provide a frame of reference for the balance of the hearings, a day will be spent painting a comprehensive picture of current market conditions in Boston and Little Rock. The full range of competitive issues will be addressed, including the cost and quality of the care rendered, the degree of market concentration among providers and insurers, and the impact of market consolidation on the performance of the payor and provider markets.

Morning Session
9:15 a.m. to 12:30 p.m.

Opening Remarks:
Deborah P. Majoras, Deputy Assistant Attorney General, U.S. Department of Justice

Framing Presentation:
Stuart Altman, Brandeis University

Perspectives on the Boston Market:
Charles D. Baker, Harvard-Pilgrim Health Plan
Harris A. Berman, M.D., Tufts Health Plan
James J. Mongan, M.D., Partners HealthCare System, Inc.
J. Mark Waxman, CareGroup, Inc.

Framing Presentation:
Fran Miller, Boston University

Short Break

Moderated Panel Discussion

Afternoon Session - Rescheduled for April 11.
2:00 p.m. to 4:15 p.m.

Perspectives on the Little Rock Market:
Jonathan R. Bates, M.D., Arkansas Children's Hospital
Russell D. Harrington, Jr., Baptist Health System
James J. Kane, Jr., M.D., Arkansas Heart Hospital
Joseph Meyer, Alltel, Inc.
Kevin W. Ryan, Arkansas Center for Health Improvement
Robert L. Shoptaw, Arkansas Blue Cross and Blue Shield
John Wilson, M.D., Arkansas Medical Society

Short Break

Moderated Panel Discussion

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