摘要：Introduction This Article examines the competing visions of medical care represented by the professional paradigm and the market-based economic paradigm and considers the implications of those visions for the development of public policy. The first Part identifies the premises underlying the professional model and the influences that have bolstered each model. Notably, application of antitrust law to the health care marketplace has contributed to the growing role of the market paradigm in the health care industry and thus has figured largely in the debate over health care reform. The second Part discusses recently enacted state legislation designed to facilitate cooperation among health care providers such as hospitals. These laws purport to provide antitrust immunity under the "state action" doctrine. The professional and market-based economic paradigms are broad conceptual categories. Realistically, the health care arena does not demand an either-or choice among competing policy options. 1 Elements of both visions may be present when one thinks about the health care marketplace. Historically, the professional paradigm dominated perception and policy prescription. 2 But now, in the world of managed care and health care reform, many doctors are frustrated by the perceived inroads on their professional autonomy and challenges to the professional orientation of medical care delivery. 3 The key to health care reform is striking the appropriate balance between these competing policies. 4 This Article discusses a number of policies that have contributed to the increased importance of the market paradigm in medical care. In this regard, the Article ...
关键词：Antitrust law; Health care reform; Economic aspects; Interpretation and construction
