scholarly journals Applicability of European Union Competition Law to Health Care Providers: The Dividing Line between Economic and Noneconomic Activities

2020 ◽  
Author(s):  
Bruno Nikolić
Keyword(s):  
Health Care ◽  
Health Care Providers ◽  
Health Spending ◽  
Competition Law ◽  
Case Law ◽  
Financial Sustainability ◽  
Care Providers ◽  
Eu Competition Law ◽  
Case Basis ◽  
Union Competition

Abstract Ever-increasing health spending, which, according to future projections, continues to outpace economic growth, will further endanger the financial sustainability of health systems. In a quest to improve the efficacy and efficiency of the health system and thus strengthen its financial sustainability, member states are employing market-based mechanisms to finance, manage, and provide health care. However, the introduction of elements of competition is constrained by the application of EU competition law, which raises significant concerns regarding the applicability of competition law and its limits in the field of health care. Due to the lack of a clear definition in EU legislation, the applicability and scope of competition law are determined on a case-by-case basis, which reveals an inconsistent approach by the European Commission and the CJEU regarding the application of competition law to health care providers and has created legal uncertainty. The aim of this article is to analyze relevant decisions by the commission and the CJEU case law in the pursuit of “boundaries” that may trigger the applicability of competition law with regard to health care providers. Based on the findings of the analysis, the article proposes a set of principles or guidelines for determining whether a health care provider should be considered as an undertaking and, as such, subject to EU competition law.

scholarly journals The role of EU competition law in health care and the ‘undertaking’ concept

2020 ◽  
pp. 1-14
Author(s):  
Johan W. van de Gronden ◽  
Mary Guy
Keyword(s):  
Health Care ◽  
Health Care Providers ◽  
Public Interest ◽  
Public Funding ◽  
Competition Law ◽  
The European Union ◽  
Care Providers ◽  
The Public ◽  
Eu Competition Law ◽  
Health Care Context

Abstract Part of the controversy surrounding competition and health care stems from the complexity connected with delineating the applicability of competition law – encompassing both the provisions governing anticompetitive agreements and abuse of dominance and the state-aid rules. Cases determined at the European Union (EU) level within the past 30 years have developed a broad framework, and notable trends have emerged – for example, a distinction between health care providers and managing bodies (purchasers). The former have been subject to an ‘abstract’ test and the latter to a more sophisticated ‘concrete’ test. In this paper, we chart the development of the EU courts’ approach to developing the ‘undertaking’ concept in health care and examine the current EU competition law framework with a view to identifying future directions. van de Gronden has recently identified a ‘three-prong’ test of exemption from competition law in connection with the recent CEPPB case: firstly, where the supply of services is predominantly dependent upon public financing; secondly, the public funding aims to achieve a public interest goal and thirdly, the activities concerned are closely related to this public interest goal. We examine this test in a health care context, drawing on our findings regarding Dutch competition reforms.

The Foundations of European Union Competition Law

2011 ◽  
Author(s):  
Nazzini Renato
Keyword(s):  
Interdisciplinary Approach ◽  
Competition Law ◽  
Consumer Welfare ◽  
Case Law ◽  
Analytical Framework ◽  
Dominant Position ◽  
Eu Competition Law ◽  
The Common ◽  
Definition Of ◽  
Union Competition

Article 102 of the TFEU prohibits the abuse of a dominant position as incompatible with the common market. Its application in practice has been wide-ranging with goals as diverse as the preservation of an undistorted competitive process, the protection of economic freedom, the maximisation of consumer welfare, total welfare, or economic efficiency all cited as possible or desirable objectives. These conflicting aims have raised complex, conceptual questions such as how a dominant position should be defined, and how abuses can be assessed. This book addresses the conceptual questions underlying the test to be applied under Article 102 in light of the objectives of EU competition law. Adopting a comparative and interdisciplinary approach, the book covers all the main issues relating to Article 102, including the definition of dominance, the taxonomy of abuses, and the criteria for the assessment of individual abusive practices. It provides an in-depth doctrinal and normative commentary of the case law with the aim of establishing an intellectually robust and practically workable analytical framework for abuse of dominance.

THE EFFECTS OF BROADCASTING DIGITIZATION ON EU COMPETITION LAW: A TALE OF EU COPYRIGHT POLICIES

2019 ◽  
Author(s):  
Konstantina Bania
Keyword(s):  
Market Integration ◽  
Competition Law ◽  
Case Law ◽  
Single Market ◽  
Market Strategy ◽  
Digital Copyright ◽  
Eu Competition Law ◽  
Union Competition ◽  
The Eu ◽  
Competition Enforcement

ABSTRACT In recent years, buzz terms such as “geo-blocking”, “online content portability”, and “digital copyright” have been making rounds in EU policy circles. This is largely attributed to the “Digital Single Market Strategy”, an ambitious reform the objective of which is to ensure seamless cross-border access to online services. Pursuit of this objective appears to be largely driven by the assumption that limiting the exclusivity of copyright would stimulate intra-Union competition in content markets. Against the background of EU competence limitations in the field of copyright and the increasing popularity of global U.S. firms in European audiovisual markets, this paper argues that EU Competition Law has vainly been instrumentalized to complete a single market for content. More particularly, based on legal and policy developments, which appear to challenge widespread licensing practices, sector-specific economics, and the case law that sets the conditions under which competition enforcement may introduce limits to copyright protection, this study develops the following twofold argument: in an attempt to create a single market for copyright-protected broadcast content, the EU has stretched the boundaries of competition law in an excessive manner and such unjustified interference with copyright is simply inadequate to promote competition and market integration.

scholarly journals Health care practice and the minimisation of patient medical litigation

1999 ◽  
Vol 22 (3) ◽  
pp. 44 ◽  
Author(s):  
Stephanie Moyle
Keyword(s):  
Health Care ◽  
Health Care Providers ◽  
Early Recognition ◽  
Case Law ◽  
Care Practice ◽  
Extensive Literature ◽  
Patient Needs ◽  
Care Providers ◽  
Health Care Practice ◽  
Medical Litigation

This article explores why patients sue their health care providers. Following an extensive literature review, it identifies 'sue' motivators and then examines the legal basis of medical litigation by reviewing contemporary case law. Armed with the 'sue' motivators and having considered the types of claims brought against health care providers, the article focuses upon what health care providers may do to minimise litigation. It recommends specific provocative measures, which are based upon satisfying a myriad of patient needs through consenting practices, and early recognition and resolution of patient issues by providers.

scholarly journals Report on Market Analysis and Preventions Need to Provide Medications for Rural Patients of Italy using ICT Technologies

2019 ◽  
Vol 9 (1) ◽  
pp. 5286-5289
Keyword(s):  
Health Care ◽  
Health Care Providers ◽  
Rural Areas ◽  
Urban Areas ◽  
Health Care Disparities ◽  
Health Spending ◽  
Healthcare Services ◽  
Health Care Use ◽  
Care Providers ◽  
Term Care

Access to healthcare services is critical to good health, yet residents of internal areas face a variety of access barriers. The obstacles faced by health care providers and patients in rural areas are vastly different from those in urban areas. This might be caused by economic factors, cultural and social differences, educational shortcomings, lack of recognition by legislators and the sheer isolation of living in internal areas all conspire to create health care disparities and impede people living in internal areas in their struggle to lead normal healthy lives. Italy’s indicators of health system outcomes and quality are consistently good. This is despite levels of health spending below other high-income countries like Germany, France, and other EU nations. However, Italy is lagging in some areas, like long-term care and prevention of non-communicable diseases. Based on available analyses, further progress is called for to promote appropriateness of care, address geographic imbalances in health care use and prevent the spread of risk factors including chronic diseases and regular health issues. To eradicate these issues, it is essential to develop a system that will help internal areas patients by using contemporary technologies. The improved system could assist patients also without the presence in the same place of a doctor that will generate corresponding prescriptions, which authenticated by physicians will be stored in the database.

Malpractice & Negligence: Cal. Supreme Court Clarifies Negligence Provisions under State’s Elder Abuse Act

1999 ◽  
Vol 27 (2) ◽  
pp. 203-203
Author(s):  
Kendra Carlson
Keyword(s):  
Health Care ◽  
Supreme Court ◽  
Health Care Providers ◽  
Elder Abuse ◽  
Skilled Nursing Facility ◽  
Pressure Sores ◽  
Care Providers ◽  
Nursing Facility ◽  
Skilled Nursing ◽  
The Supreme Court

The Supreme Court of California held, in Delaney v. Baker, 82 Cal. Rptr. 2d 610 (1999), that the heightened remedies available under the Elder Abuse Act (Act), Cal. Welf. & Inst. Code, §§ 15657,15657.2 (West 1998), apply to health care providers who engage in reckless neglect of an elder adult. The court interpreted two sections of the Act: (1) section 15657, which provides for enhanced remedies for reckless neglect; and (2) section 15657.2, which limits recovery for actions based on “professional negligence.” The court held that reckless neglect is distinct from professional negligence and therefore the restrictions on remedies against health care providers for professional negligence are inapplicable.Kay Delaney sued Meadowood, a skilled nursing facility (SNF), after a resident, her mother, died. Evidence at trial indicated that Rose Wallien, the decedent, was left lying in her own urine and feces for extended periods of time and had stage I11 and IV pressure sores on her ankles, feet, and buttocks at the time of her death.

Using Technology to Improve Access to Health Care for Culturally and Linguistically Diverse Populations

2012 ◽  
Vol 19 (3) ◽  
pp. 71-76 ◽  
Author(s):  
Pauline A. Mashima
Keyword(s):  
Health Care ◽  
Health Care Providers ◽  
Access To Health Care ◽  
Underserved Populations ◽  
Linguistically Diverse ◽  
Care Providers ◽  
Department Of Health ◽  
Use Of Technology ◽  
Access To Health ◽  
Improve Access

Important initiatives in health care include (a) improving access to services for disadvantaged populations, (b) providing equal access for individuals with limited or non-English proficiency, and (c) ensuring cultural competence of health-care providers to facilitate effective services for individuals from diverse racial and ethnic backgrounds (U.S. Department of Health and Human Services, Office of Minority Health, 2001). This article provides a brief overview of the use of technology by speech-language pathologists and audiologists to extend their services to underserved populations who live in remote geographic areas, or when cultural and linguistic differences impact service delivery.

Interdisciplinary Therapy Assessments for the Older Adult

2012 ◽  
Vol 17 (1) ◽  
pp. 11-16
Author(s):  
Lynn Chatfield ◽  
Sandra Christos ◽  
Michael McGregor
Keyword(s):  
Older Adults ◽  
Health Care ◽  
Standardized Testing ◽  
Health Care Providers ◽  
Outcome Measurement ◽  
Care Providers ◽  
Patient Centered ◽  
Screening Process ◽  
Evidenced Based ◽  
Changing Economy

In a changing economy and a changing industry, health care providers need to complete thorough, comprehensive, and efficient assessments that provide both an accurate depiction of the patient's deficits and a blueprint to the path of treatment for older adults. Through standardized testing and observations as well as the goals and evidenced-based treatment plans we have devised, health care providers can maximize outcomes and the functional levels of patients. In this article, we review an interdisciplinary assessment that involves speech-language pathology, occupational therapy, physical therapy, and respiratory therapy to work with older adults in health care settings. Using the approach, we will examine the benefits of collaboration between disciplines, an interdisciplinary screening process, and the importance of sharing information from comprehensive discipline-specific evaluations. We also will discuss the importance of having an understanding of the varied scopes of practice, the utilization of outcome measurement tools, and a patient-centered assessment approach to care.

Sign in / Sign up

Export Citation Format

Share Document