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Antitrust in Michigan

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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 Michigan has passed the Michigan Antitrust Reform Act, which prohibits persons from contracting, combining, or conspiring to restrain or monopolize trade.  However, the law allows an exemption for certain cost reducing actions by health maintenance organizations, health insurers, or health care corporations.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.C.L.A. §455.774

 

Antitrust in Michigan

Subtopic Statute/Regulation Description
Health care entity exemption from state antitrust laws Mich. Comp. Laws Ann. § 550.57 - Agreements between health care providers and purchasers of health care services The Prudent Purchaser Agreements in Michigan do not preclude a health care provider from entering into an agreement with purchasers of health care...
Mich. Comp. Laws Ann. § 445.774 - Labor as commodity or article of commerce This provision does not apply to any transaction or conduct of a health maintenance organization, health insurer, medical care corporation, or health...
Violations of state antitrust laws Mich. Comp. Laws Ann. § 445.773 - Unlawful monopoly Unlawful monopoly   It is unlawful to establish or use, or attempt to establish or use, a monopoly of trade or commerce with the purpose of...
Click on the individual state law in the table above to see our summary of the individual law.


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