Project Description
Publication
Katherine L. Gudiksen, Erin Fuse Brown, and Johanna Butler
April 12, 2021
Rampant consolidation in nearly every state has created dominant health care systems that can use anticompetitive contracting practices to charge supracompetitive prices, especially to commercial insurance plans. The Source Senior Health Policy Researcher Katie Gudiksen, with Erin Fuse Brown and Johanna Butler, co-authored the NASHP model legislation for states to rein in the use of these contract terms, including all-or-nothing, most-favored nation, anti-steering/anti-tiering, and gag clauses.
A companion report, A Tool for States to Address Health Care Consolidation: Prohibiting Anticompetitive Health Plan Contracts, further details the contract terms and how the model act can give states essential tools to create a more level playing field and help rein in rising health care costs.
For more information and details on the anticompetitive contract terms, visit the Source Provider Contracts interactive key issue page.
Source Sightings
Antitrust’s Healthcare Conundrum: Cross-Market Mergers and the Rise of System Power
Jaime King, Alex Montague, Tim Greaney et al.
Forthcoming May 2023
Challenging Anticompetitive Cross-Market Health Mergers
Jaime King, Alex Montague, Tim Greaney
January 19, 2023
American Bar Association 2022 Antitrust Fall Forum
Katie Gudiksen
November 17, 2022
The Rise Of Cross-Market Hospital Systems And Their Market Power In The US
Jaime King, Alex Montague, Tim Greaney et al.
November 7, 2022
Taming Health Insurance Costs for Employers and Employees
Katie Gudiksen
October 27, 2022
Options for states to constrain pricing power of health care providers
Katie Gudiksen & Robert Murray
October 19, 2022