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Antitrust in Minnesota

        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

        While Minnesota encourages the sharing of information to facilitate care coordination, the state currently only has one law that addresses antitrust issues.  A health care provider cooperative may execute agreements to provide health care services to the enrollees or members of a health care network cooperative, health plan, health maintenance organization, or other purchaser for payment.  Minnesota law specifically provides that any such agreements between a provider cooperative and a purchaser is not a violation of restraint of trade laws.  Agreements regarding the price charged, allocation of resources, or quality are also not unreasonable restraints on trade.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. M.S.A. §62R.06

 

Antitrust in Minnesota

Subtopic Statute/Regulation Description
Antitrust M.S.A. ยง62R.06 Health Care Service Contracts A health care provider cooperative may execute agreements to provide health care services to the enrollees or members...