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“Voodoo Economics”

The New Jersey hospitals at issue required applicants to be Board Certified by the American Board of Orthopedic Surgery (“ABOS”) as a condition of appointment. In order to take the oral part of the ABOS Board exam, a physician must either have recently completed a residency or currently hold medical staff privileges at a hospital. The plaintiff had graduated from medical school years ago and worked exclusively in an ASC. So, he did not satisfy the ABOS criterion to take the oral part of the exam and, as a result, did not qualify for staff appointment. Unfair, perhaps, but not a violation of the antitrust laws.

Ellison v. American Board of Orthopaedic Surgery, Inc.

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Question of the Week

A certain medication has gotten to be so expensive that our hospital has decided to stop stocking it.  As a result, we will not be able to treat certain patients. 

The drug company that manufactures this medication has offered to provide the medication to the hospital FREE of charge, although it is our understanding that insurance will cover the drug after the patient is discharged.  This seems to us like a win-win. 

Surely the government cannot object to such an arrangement. Is this legal?

Read the answer>>


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