Skip to Content

Antitrust in Tennessee

        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 Tennessee does not restrict the flow of information between providers as it relates to patient care coordination, but the state only has one law that addresses antitrust concerns.  Hospitals and groups of hospitals are prohibited from negotiating terms, prices and reimbursement rates with health maintenance organizations, insurers and preferred provider organizations unless authorized by law; Tennessee case law suggests that such prohibition is not considered a restraint of 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. Tenn. Code Ann. § 68-11-1308

 

Antitrust in Tennessee

Subtopic Statute/Regulation Description
Antitrust Tenn. Code Ann. ยง 68-11-1308 - Requirements for Health Maintenance Organizations, Preferred Provider Organizations, and Insurers Requirements for Health Maintenance Organizations, Preferred Provider Organizations, and Insurers Unless otherwise permitted by law, the Hospital...