Profession

New legislation protects the Match from antitrust litigation

Lawyers for the two sides disagree about how the legislation affects a current lawsuit.

By Myrle Croasdale — Posted May 3, 2004

Print  |   Email  |   Respond  |   Reprints  |   Like Facebook  |   Share Twitter  |   Tweet Linkedin

A last minute amendment to the Pension Funding Equity Act of 2004 has created a new twist in the antitrust lawsuit against the National Resident Matching Program.

President Bush signed into law April 10 a provision that protects graduate medical resident matching programs from antitrust litigation.

"We're delighted we've got a bill that does just what it means for our client," said Thomas Campbell, attorney for the Match. "It's a major step toward bringing this to a conclusion."

Sherman Marek, an attorney for the three former medical residents who filed the class-action suit two years ago, said they would still pursue the lawsuit.

"We don't believe it will have any effect on the lawsuit. There's no exception for price-fixing claims, and the claim here is price fixing."

Sens. Judd Gregg (R, N.H.) and Edward Kennedy, (D, Mass.) were behind the maneuvering that tacked the provision protecting the Match program onto the pension legislation.

The Assn. of American Medical Colleges and American Hospital Assn., who had been actively lobbying Congress for such a provision, said they were pleased with the federal action.

Marek, speaking on behalf of plaintiff Paul Jung, MD, said Dr. Jung was taken aback by the new law.

"He was surprised that his rights under the antitrust laws could be taken from him in this fashion," Marek said.

"This is an attempt to deprive tens of thousands of young doctors of the rights enjoyed by other Americans," said Marek.

The case Jung et al. v. AAMC et al. was filed in federal court in Washington, D.C.

The suit claims the Match is anticompetitive because doctors must participate to gain admission to a residency program and residents' wages are kept artificially low since participating institutions share wage information.

Back to top


ADVERTISEMENT

ADVERTISE HERE


Featured
Read story

Confronting bias against obese patients

Medical educators are starting to raise awareness about how weight-related stigma can impair patient-physician communication and the treatment of obesity. Read story


Read story

Goodbye

American Medical News is ceasing publication after 55 years of serving physicians by keeping them informed of their rapidly changing profession. Read story


Read story

Policing medical practice employees after work

Doctors can try to regulate staff actions outside the office, but they must watch what they try to stamp out and how they do it. Read story


Read story

Diabetes prevention: Set on a course for lifestyle change

The YMCA's evidence-based program is helping prediabetic patients eat right, get active and lose weight. Read story


Read story

Medicaid's muddled preventive care picture

The health system reform law promises no-cost coverage of a lengthy list of screenings and other prevention services, but some beneficiaries still might miss out. Read story


Read story

How to get tax breaks for your medical practice

Federal, state and local governments offer doctors incentives because practices are recognized as economic engines. But physicians must know how and where to find them. Read story


Read story

Advance pay ACOs: A down payment on Medicare's future

Accountable care organizations that pay doctors up-front bring practice improvements, but it's unclear yet if program actuaries will see a return on investment. Read story


Read story

Physician liability: Your team, your legal risk

When health care team members drop the ball, it's often doctors who end up in court. How can physicians improve such care and avoid risks? Read story

  • Stay informed
  • Twitter
  • Facebook
  • RSS
  • LinkedIn