173 Find Urban area Vistnes, supra notice 103, from the 749-50 (quoting medical influence in dealings that have treated proper care teams and you can looking for no mathematically extreme differences when considering 
non-money and for-earnings hospitals’ costs behavior); Capps et al., Battle and ) (unpublished manuscript, towards the file which have Commission) (quoting consumers’ desire to pay for the introduction of particular medical facilities within their health plan circle, and ultizing speed regressions, predicted that control effects price which there is absolutely no improvement within conclusion off non-earnings and for-profits).
Rev
174 Jacobson cuatro/10 at 70; Peter D. Jacobson, The master of medical Care and attention Firm: ‘s the Maybe not-for-Money Setting Outdated? step 3 (4/10) (slides) [hereinafter Jacobson Presentation], from the
176 Select fundamentally Jill Roentgen. Horwitz, The reason we Need the Independent Markets: The newest Choices, Laws, and Economics away from Perhaps not-For-Funds Hospitals, 50 UCLAL. 1345 (2003).
177 Jacobson 4/10 at the 81-82; Jacobson Presentation, supra notice 174, in the a dozen (recommending you to definitely administrators out of a concerning- cash organization has good fiduciary obligation to optimize shareholder well worth, if you are directors regarding a nonprofit entity provides good fiduciary obligations to help you both the facility also to the community, requiring them to balance its margin up against its mission). Look for in addition to Roger Grams. Pariseau, Comments (Personal Feedback) (suggesting that agencies employed in medical care field should be nonprofit).
178 Fay 4/10 during the twenty-four-25; Anthony Fay, FTC/DOJHearings with the Healthcare and you will Competition Legislation and Policy Report of the newest Federation off Western Medical facilities – Hospital’s Nonprofit Condition step 3 (4/10), during the docs/030410fay.pdf. Come across also Sofaer 5/31 at 201-202 (listing one recommendations so you’re able to an excellent “managed care and attention wave” is misnomers, because there might have been zero addressed care, simply addressed pricing, and this though there try concern each time in the having-finances treatments, that truly was not something, “mainly because . ‘non-profit’ business for the medical care will react plenty such as to possess-money organization within the medical care.”).
179 Vogt nine/9/02 at the 52 (“[T]the guy literary works is fairly clear your perhaps not to own-payouts dont render very much far more foundation care and attention, in the event the even more charity worry after all. In reality, just what small huge difference there was during the foundation proper care try accounted for of the located area of the perhaps not-for-cash hospitals.”); select also Sloan cuatro/ten from the 57; David A good. Hyman, Health Sales: Truth, Dream, and Regulatory Follies, 23 J. Corp. , Is actually For-Cash Hospital Conversions Damaging to People and Medicare?, 33 Rand J. Econ. 507 (2002).
L. 741 (1998); David Blumenthal Nigel Edwards, The brand new Tale regarding Several Assistance: The newest Modifying Educational Wellness Cardiovascular system, 19 Fitness Factors 86 (); Gabriel Picone et al
180 Come across, age.g., Medical Class To buy: Contains the Field Be more Accessible to Race?: Reading Until the Subcomm. towards Antitrust, Race Plan and you may Individual Liberties of one’s Sm. into the Judiciary, GAO-03-998T, 108th Cong. (2003); Medical Category To buy: Minimizing Can cost you at the expense of Patient Health and Scientific Innovations?: Reading Before Subcomm. into the Antitrust, Battle Coverage and you may Individual Liberties of the Sm. toward Judiciary, GAO-02-690T, 107th Cong. (2002); Class Buying Communities: The means to access Contracting Processes and methods to help you Prize Contracts to own Scientific-Surgical Products: Until the Subcomm. into Antitrust, Race Coverage and you can Individual Rights of your Sm. on Judiciary, 108th Cong. (2003) (testimony away from U.S. General Bookkeeping Office) [hereinafter GAO Senate Testimony, Contracting]; Group To invest in Team: Pilot Research Implies High To buy Groups Don’t Usually Offer Medical facilities Straight down Rates: Through to the Subcomm. toward Antitrust, Battle Plan and Individual Liberties of the Sm. to the Judiciary, 107th Cong. (2002) (testimony regarding You.S. Standard Accounting Workplace) [hereinafter GAO Senate Testimony, Airplane pilot Analysis].
183 Pick Health Globe Classification Purchasing Ass’n (HIGPA), Category To get Communities 6 (Societal Comment) (submitted of the Robert Betz) [hereinafter HIGPA (societal cmt)]; Herbert Hovenkamp, Aggressive Negative effects of Classification To get Organizations'(GPO) To order and you may Equipment Selection Means on Medical care Globe 1 (2002) (wishing for Health World Category To order Relationship). Look for along with Western Pub Ass’n, Section of Antitrust Law, Statements Concerning your Government Change Commission’s Working area to your Healthcare and you may Race Law and you can Coverage () 27-34 (Public Feedback).