Antitrust

Abraham v. Intermountain Health Care, Inc., No. Civ. 2:01-CV-0919J (D. Utah Feb. 10, 2005)

Several optometrists alleged that a health care system composed of several hospitals, surgical facilities, and health plans violated the federal antitrust laws by excluding the optometrists from becoming participating providers in the system's health plans. The optometrists claimed that the system conspired with local ophthalmologists to exclude optometrists from providing non-surgical services and that, in exchange for being given the sole right to provide non-surgical services to plan beneficiaries, the ophthalmologists agreed to use the system's hospital and surgical facilities whenever any of their patients required surgical services.

The optometrists asked the court for $28 million in damages, as well as an order including the optometrists as participating providers in the system's health plans. The United States District Court for the District of Utah granted summary judgment in favor of the system, noting, among other things, that there is nothing in the antitrust laws prohibiting a health plan from limiting its provider panels.