Antitrust in Pennsylvania
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
Pennsylvania exempts persons or entities receiving or submitting data or information to the health care cost containment council from antitrust claims grounded upon submission or receipt of such data or information.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. 35 Pa. Stat. Ann. §449.15
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