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Antitrust in New Mexico

        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 New Mexico passed an Antitrust Act that makes every contract, agreement, combination or conspiracy in restraint of trade or commerce, or any attempt to become a monopoly, unlawful.3  Any person that is threatened with injury or that has suffered injury due to the anti-competitive arrangement may bring an action for injunctive relief and a monetary reward equal to three-times the damages sustained, plus attorney’s fees and other reasonable costs.  Additionally, the attorney general may bring an action on behalf of the state or any public agency.   There is no exception for health care entities in the law to date.

 

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. N.M.S.A. §57-1-1

 

Antitrust in New Mexico

Subtopic Statute/Regulation Description
Insurance companies sharing health information (or using health information exchanges) Antitrust Act – N.M. Stat. Ann. §57-1-1 The state of New Mexico has an Antitrust Act that makes every contract, agreement, combination or conspiracy in restraint of trade or commerce, any...