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Chiropractic case includes a cautionary for dentistry: FTC claims a state chiropractic association encouraged a conspiracy to boost fees and boycott third-party payers

Article Abstract:

Dentists should be careful not to discuss fees with other dentists following an investigation by the Federal Trade Commission of an alleged price-fixing scheme among members of the Wisconsin Chiropractic Association. In its proposed complaint, the FTC alleges that the association and its executive director encouraged chiropractors to use new chiropractic manipulative treatment (CMT) codes to increase their compensation and to boycott insurance companies who refused to pay. The association has signed a proposed settlement, which the FTC may or may not accept.

Author: Sfikas, Peter M.
Publisher: American Dental Association Publishers Inc.
Publication Name: Journal of the American Dental Association
Subject: Health
ISSN: 0002-8177
Year: 2000
Chiropractors

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Physician group agrees to settle price-fixing charges: underscores hazards of collectively negotiating fees

Article Abstract:

Dentists and other health professionals should be very careful when joining any professional organization that collectively tries to negotiate contract terms with insurance companies and managed care plans. The negotiation of non-fee items may be acceptable, but the Federal Trade Commission will aggressively investigate any allegations of fee negotiations. This constitutes price-fixing in the federal government's view, especially if the professional organization threatens to boycott any health care plan that does not agree to pay higher than normal fees to its providers.

Author: Sfikas, Peter M.
Publisher: American Dental Association Publishers Inc.
Publication Name: Journal of the American Dental Association
Subject: Health
ISSN: 0002-8177
Year: 2003
United States, Legal issues & crime, Legal/Government Regulation, Collective Bargaining, Company legal issue, Cases

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What is a conspiracy? A review of the nation's antitrust laws

Article Abstract:

Dentists must understand the antitrust laws and recognize their application to professional activities. Antitrust violations require joint activity by at least two people to restrain trade. Joint or conspiratorial activity occurs when people agree or conspire to act together. This agreement can be direct or implied. Formal agreement is not necessary to prove joint activity; inferences can be made from the actions of group members. Independent decision-making among members of groups does not violate antitrust laws. Individual dentists are free to make decisions about their dental practices. Dentists who belong to groups such as study clubs or associations must make dental practice decisions independently to abide by the law.

Author: Sfikas, Peter M.
Publisher: American Dental Association Publishers Inc.
Publication Name: Journal of the American Dental Association
Subject: Health
ISSN: 0002-8177
Year: 1995
Laws, regulations and rules, Antitrust law, Dentistry, Terminology

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Subjects list: Investigations, United States. Federal Trade Commission, Price fixing
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