Friday, November 04, 2005

More on the moratoriums

Both the Indy Star and Courier Journal are reporting on the 2 cases this morning.
[Investors challenge hospital limits]
[ Judge: Hospital expansion OK IndyStar.com ]

The key point from the Morgan County case as reported is:
U.S. District Judge David F. Hamilton ruled that state law grants the Indiana State Department of Health -- not local government -- the power to regulate and license hospitals in the state.

This could be the crucial determination related to the Floyd and Clark cases. The Judge did not rule in favor of the Anti-trust complaint in the Morgan County case, but that will be major difference in the Floyd and Clark cases. If the Floyd and Clark cases are considered an Anti-trust issue and the moratorium is overturned, the private hospital could sue the Counties for damages. That could be in excess of $20,000.

2 Comments:

Blogger The New Albanian said...

I'm sure you noticed that the C-J's Dale Moss chimed in on Wednesday:


I am haunted by how several local counties are trying to stop the development of private hospitals.

County-owned hospitals continue to improve, as they must to keep up with hospitals in Louisville. More hospitals would heighten competition and enhance the public's options, just as private schools help keep public schools on their toes.

Of course public hospitals have burdens -- foremost among them indigent care -- that private ones don't. The latter can cherry-pick services and clienteles that improve their bottom lines.

Nonetheless, I trust the marketplace. County hospitals are poised to thrive regardless. How about a moratorium on hospital moratoriums?

11/04/2005 08:58:00 AM  
Anonymous Anonymous said...

I never really know where he stands. Some days he seems to have his own ideas and other days he appears to be the voice of the hospital rhetoric.

11/04/2005 09:39:00 AM  

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