1st Circ. Rejects Antitrust, Constitutional Claims In HMO Row

Law360, New York (September 7, 2012, 10:30 PM EDT) -- HMOs didn’t violate antitrust law or free assembly and due process rights of Medicare physicians with whom they cut ties over disputed payments, the First Circuit ruled Friday, saying the health firms as sister companies are incapable of collusion and as private businesses are immune to the constitutional claims.

The appeals court rejected antitrust claims filed by Puerto Rico doctors Carlos P. Gonzalez-Maldonado and Annette Acevedo-Hernandez, saying the three health companies accused of boycotting the doctors for balking at a change in the way they were...
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