United States Government Publishing Office publisher pbl distributor dst United States Government Accountability Office Health, Education, and Human Services Division author aut Government Organization text government publication eng GAOREPORTS Legislative Agency Publications gao legislative 2010-08-12 U.S. Government Printing Office 1994-04-27 monographic deposited born digital GA 1.13:HEHS-94-81 https://www.govinfo.gov/app/details/GAOREPORTS-HEHS-94-81 P0b002ee18037b69c f:he94081 DGPO 2010-08-12 2011-03-28 GAOREPORTS-HEHS-94-81 machine generated eng fdlp REPORT GAOREPORTS-HEHS-94-81 HEHS-94-81 Hospital care services Health care cost control Antitrust law State-administered programs Monopolies Price regulation Law enforcement Hospital planning Price fixing Maryland Medicaid Program Medicare Program Maryland All-Payer Rate-Setting System Maryland Certificate of Need Program Letter Report HEHS

One issue being raised in the debate over health care reform is how antitrust law should be applied to health care providers. Federal and state antitrust law seeks to prevent price fixing and predatory pricing and to ensure access to and quality of goods and services for consumers. Since 1974, Maryland has operated a rate-setting program that sets how much hospitals can charge for their services. Also, health care facilities operating in Maryland must obtain a certificate of need if they wish to change the type of services they provide or to make major capital expenditures. Because Maryland regulates hospital prices similar to the way in which public utilities are regulated, state antitrust concerns about hospital pricing are not an issue, and Planning Commission-approved mergers and joint actions by hospitals are exempt from the state's antitrust law. Also, to the extent that the state actively regulates hospitals, federal antitrust enforcement concerning such regulated activities may not be relevant under the Supreme Court's state action immunity doctrine. Other concerns about anticompetitive conduct and its possible harmful effect on the public may still be relevant and covered by federal or state antitrust law. https://www.govinfo.gov/content/pkg/GAOREPORTS-HEHS-94-81/html/GAOREPORTS-HEHS-94-81.htm GAO/HEHS-94-81 https://www.govinfo.gov/app/details/GAOREPORTS-HEHS-94-81 Letter Report GAO/HEHS-94-81; Health Care: Antitrust Enforcement Under Maryland's Hospital All-Payer System; Hospital care services Health care cost control Antitrust law State-administered programs Monopolies Price regulation Law enforcement Hospital planning Price fixing Maryland Medicaid Program Medicare Program Maryland All-Payer Rate-Setting System Maryland Certificate of Need Program Title 15 Section 18 Title 15 Section 1 15 U.S.C. 18 15 U.S.C. 1 Volume 26 Page 209 26 Stat. 209 Volume 38 Page 731 38 Stat. 731