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Antitrust in Maine

The cornerstone of health information is to share and exchange data among providers, health plans, and other entities, in order to raise quality and lower health care costs.  Doing so raises antitrust concerns about what is or is not permissible under federal antitrust laws.1  Antitrust law governs the sharing of information across integrated and nonintegrated entities, and whether such activities restrain trade.2

The state of Maine has enacted the Hospital and Health Care Provider Cooperation Act, which encourages providers and hospitals to enter into agreements to work together in order to contain costs, improve health care quality, and increase access to care without subjecting the cooperative agreements to federal antitrust laws.3

 

 

Footnotes

  • 1. Taylor Burke, Lara Cartwright-Smith, et al, The Antitrust Aspects of Health Information Sharing by Public and Private Health Insurers. Aligning Forces for Quality, July, 2009.
  • 2. Taylor Burke and Sara Rosenbaum, Accountable Care Organizations: Implications for Antitrust Policy.  BNA’s Health Law Reporter, Vol. 19, No. 10, March 11, 2010. 
  • 3. Me. Rev, tit. 22 §1842

 

Antitrust in Maine

Subtopic Statute/Regulation Description
Antitrust Legislative findings and intent - Me. Rev. Stat. tit. 22, ยง 1842 Maine has enacted a Hospital and Health Care Provider Cooperation Act that encourages providers and hospitals to enter into agreements to work...