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Satellite and Commercial Medical ClinicsReport of the Board of Trustees: Part II
JAMA. 1985;253(9):1314-1319.
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II. LEGAL STATUS OF FREESTANDING EMERGENCY/PRIMARY CARE CENTERS
A. Physician-Sponsored and Hospital Satellite Facilities
AS THE Board of Trustees stated in Report O (I-81) and reiterated in Report X (A-82), the establishment of hospital satellite facilities in accordance with applicable state regulations is an activity entitled to legal protection. Although competition from such facilities may appear "unfair" in the popular sense, due to the hospital's favored position under tax laws and rules relating to reimbursement under third-party payment mechanisms, it does not constitute legally defined "unfair competition." Physician-sponsored freestanding facilities similarly are entitled to protection from interference pursuant to federal and state antitrust and other laws. The AMA policy providing for noninterference in the contracting practices of physicians applies to the partnership and other agreements under which these enterprises are organized. The Federal Trade Commission (FTC) order expressly prohibits interference in these contractual relationships as well.
Recent debate has not
. . . [Full Text PDF of this Article]
Footnotes
From the Board of Trustees Committee on Medicolegal Problems, American Medical Association. For further information and reprints, write to Office of the General Counsel, Division of Medicolegal Affairs, American Medical Association, 535 N Dearborn St, Chicago, IL 60610.
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