Stavroulaki: The Healing Power of Antitrust

In The Healing Power of Antitrust, author Theodosia Stavroulaki (Gonzaga University School of Law) examines both the issue of rural hospital deserts and how antitrust law could help better protect and ensure health care services for rural populations.

Stavroulaki highlights the recent growth of hospital deserts, which are defined as geographic areas where the population lacks adequate access to healthcare services. For example, over the past two decades over 25% of hospitals nationwide have closed, with a disproportionate number in rural areas. The article outlines the problems such hospital desserts cause, as well as potential legal and legislative solutions.

Foremost, rural hospital closures reduce access and quality of care for rural citizens, especially for those requiring specialty care. The article identifies how regularly used alternative care techniques such as telemedicine often fail to fully address rural citizens’ issues. Stavroulaki also discusses how, for many rural towns, hospitals are the largest employer and economic anchor. Therefore, rural hospital closures impact not only the health of rural citizens, but also the economic wellbeing of the community.

Stavroulaki argues that such closures are not inevitable, but the result of a specific business strategy. In particular, hospitals’ use of both mergers and non-compete agreements create an economy where rural hospitals struggle to attract workers and survive. As a result, 30% of hospitals in the U.S. are currently at immediate risk of closure. The article outlines how such closures can be combatted through judicial anti-trust enforcement. In particular, Stavroulaki argues that courts should consider the impact hospital mergers have on labor markets rather than solely price and quality of services.

The article provides a detailed discussion of a growing problem affecting many rural citizens’ economic and physical well-being. Stavroulaki makes several unique arguments regarding how to best combat rural hospital deserts.

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Roundup: September 27, 2024

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