How do the antitrust laws affect Telemedicine?
Anti-trust laws prohibit anticompetitive behavior and price fixing. Electronic health records would most likely include not only clinical information, but also payment information, therein creating the potential for price collusion. Where one provider has access to the pricing policies of another provider (other than through open advertising) “price fixing” can occur. Price fixing is an anti-trust violation and can lead to penalties. This may create a barrier to the development and use of systems unless proper safeguards are put in place. Telemedicine networks that provide equipment to remote underserved community sites at less than fair-market value to promote the development of services and referral patterns in underserved communities may risk being challenged for violating anti-trust as well as Stark laws if such actions create a monopoly. Generally, however, merely possessing monopoly power, significant market power, or a high market share is not in and of itself evidence of antico
