please answer the questions in this case study from The Law of Healthcare Admini
ID: 393321 • Letter: P
Question
please answer the questions in this case study from The Law of Healthcare Administration book eighth edition by J.Stuart Showalter case study in chapter 13
page 497
that are embodied in the federal antitrustCoD laws, "state-action immunity is disfavored, nothing in the Law or any o much as are repeals by implication." Consis- Georgia law clearly articulates a s tent with this preference, we recognize state- to allow authorities to exercise their Dl action immunity only when it is clear that the corporate powers, including theirae challenged anticompetitive conduct is under tion power, without regard tothel nee taken pursuant to a regulatory scheme thateffects on competition. "is the State's own." er provision df antitr this C v Bro gener acquisi. /N State agen prac duty licen eigh dent We hold that Georgia has not clearly articulated and affirmatively expressed a Our case law makes clear that state-law policy to allow hospital authorities to ma authority to act is insufficient to establish acquisitions that substantially le state-action immunity; the substate govern- tition. The judgment of the Court of Appe mental entity must also show that it has been is reversed, and the case is remand delegated authority to act or regulate anti- further proceedings consistent with this competitively.... ed for enin deni 199 non opinion. Discussion Questions beg ing is a led ing to t beg 1. Research and explain the community of Albany-Dougherty County and the corporate structure involved in this case. Who do you suppose were the officials in the various corporate entities? 2. Explain how the transaction was structured, and why. 3. The federal trial court was the US District Court for the Middle District of Georgia; the Court of Appeals was the Eleventh Circuit, which sits in Atlanta. Considering the locations of and incumbent judges on these courts, why might the Supreme Court have a different worldview and a different perspective on the policy aspects of this issue? ch cor the toExplanation / Answer
The community of "Albany -Dougherty County" and the corporate structure:
The corporate structure includes- "Albany-Dougherty County"-and "Phoebe Putney Memorial Hospital" - Each of these structures have been in operations in Albany since 1911.
In addition to these structures-there are non-profits that are available.
1. Phoebe Putney Health Service
2. Phoebe Putney Memorial Hospital
Authority Leased Memorial to PPMH- is at $1 per year for 40 Years. PPMH has exclusive authority over operation of "Memorial"
Also there is another hospital that is part of the the County. This is Palmyra Medical Centre-established by Albany in 1971. . The transaction is structured-in such a way that hospital authorities are not allowed to make acquisitions-however they did share that they needed to acquire Palmyra-and this group was acquired for 1$. The acquisition changed the market landscape-as there would be a total of "86% of Acute healthcare system " that would be managed.
2. The transaction was structured in a way that it did not lessen competition. It actually allowed competition to be more intense. Also it was shared that few Anti-Trust Immunity Laws- needed to be cleared and see if each of these acquisitions come within the purview of "Anti-Trust"
3. It's focused on whether states would be following "Sovereignity" or not. If the states could not be following "Sovereignity they need to shared. The basic structure allows whether the States follow "Sherman Act of not". > each of the authorities mentioned have to have a view on the "Sovereign Act"-and look into whether that is being followed or not.
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