Antitrust implications of health planning: National Gerimedical Hospital and Gerontology Center v. Blue Cross of Kansas City.
In National Gerimedical Hospital and Gerontology Center v. Blue Cross of Kansas City, the United States Supreme Court held that there is no blanket exemption from antitrust laws for health planning activities. The Court also held that no specific immunity can be granted where the challenged health planning activity is not undertaken pursuant to a federal regulatory scheme. This Comment reviews the Court's decision and concludes that the Court correctly determined that the challenged activities did not qualify for an exemption. The Comment also examines the implications of the Court's statement that, where Congress has manifested a belief that competition is ineffective in the health care industry, application of the antitrust laws should be modified. The Comment recommends that an intermediate review standard such as the "presumptive, incentive modifying approach" should be used by future courts in deciding whether the ineffectiveness of competition in a given area of health planning activity warrants immunity from antitrust scrutiny.
D054598:Blue Cross Blue Shield Insurance Plans / Q000331:legislation & jurisprudence*; D004465:Economic Competition / Q000331:legislation & jurisprudence; D006801:Humans; D007350:Insurance, Hospitalization / Q000331:legislation & jurisprudence*; D007615:Kansas; D012040:Regional Health Planning / Q000331:legislation & jurisprudence*