• E-mail
• Print
• RSS

FASA files antitrust protection brief with Supreme Court

Ambulatory Surgery Reimbursement Update, March 21, 2006

The Federated Ambulatory Surgery Association (FASA), along with several supporting associations, filed a brief last week with the U.S. Supreme Court that seeks to overturn a decision by a lower court that said "ambulatory surgery centers (ASCs) are not entitled to protection under the antitrust laws until they open," according to a statement from FASA.

The ruling on a Pennsylvania case from the U.S. Court of Appeals for the Third Circuit also said that "efforts by a hospital to limit the dissemination of truthful, nondeceptive comparative information by a physician who was opening his own ASC to compete with the hospital had no meaningful effect on competition," according to FASA's statement.

"It is important that the Supreme Court review the decision by the Third Circuit. Physicians and ASCs cannot stand by while their rights are whittled away," said Kathy Bryant, president of FASA, according to the statement. "This misapplication of the existing antitrust law is a threat to a thriving and competitive healthcare marketplace and can decrease choice resulting in higher costs and decreased quality."

Joining FASA in filing the brief were the American Academy of Ophthalmology, the Pennsylvania Academy of Ophthalmology, the American College of Surgeons, and the California Medical Association.

To view the statement, click here.

• E-mail to a Colleague
• Print
• RSS
• Archive