TMA Legislative News Hotline

Wednesday, Jan. 28, 2009 


Attorney General Abbott Halts Memorial Hermann Healthcare System From Shutting Out Physician-Owned Competitor
On Monday, Texas Attorney General Greg Abbott filed an agreed injunction with the Harris County District Court that resolves the state's antitrust investigation into Memorial Hermann Healthcare System. The investigation stemmed from allegations that Memorial Hermann unlawfully attempted to prevent other hospitals from successfully opening competitive health care institutions in the Houston area.

According to a release from the attorney general's office, in late 2005, Houston Town and Country Hospital and other physician-owned hospitals attempted to enter the market. According to antitrust complaints filed with the attorney general, Memorial Hermann systematically discouraged health insurers from adding Town and Country to their insurance coverage networks. At the same time, Memorial Hermann used its leverage to punish health insurers that established contracts with Town and Country.

"Free and fair competition is the cornerstone of our free market system," General Abbott said. "Today's injunction will preserve healthy competition and will help ensure that Houston-area patients have more hospital choices. Open competition on the free market amongst providers will help improve care, lower prices, and foster greater choices for patients."

This case is important in medicine's fight to preserve physicians' rights to invest in hospitals and medical equipment. As demonstrated by this case, often the true motive of too many dominant hospitals in a marketplace is to prevent or eliminate competition, and maintain a monopoly on the services they provide.

Governor Perry Outlines Legislative Agenda
Yesterday, Gov. Rick Perry gave his State of the State address to a joint session of the state House and Senate. Governor Perry took some forceful stands on issues critical to the long-term health of Texas and Texans. These included protecting Texas' landmark medical liability reforms; supporting adult stem cell research; funding for cancer prevention, detection, and screening in Texas; and incentives to improve the physical fitness of Texans.

TMA issued a statement supporting these health care positions immediately following the governor's address.

Governor Perry also recommended that businesses with less than $1 million in taxable revenue should not pay the tax. The threshold now for a total exemption is $300,000, while those with revenues of less than $900,000 pay less than the 1 percent paid by other businesses subject to the tax.

TMA Legislative Priority: Fund Graduate Medical Education (GME)
Texas needs more GME slots to train the number of physicians required to care for our rapidly growing population and reverse our overdependence on other states and countries. It is not good fiscal policy for the state to invest $200,000 in each Texas medical student over four years, and then force graduates to leave the state for residency training. Those new physicians very likely will never return to Texas. TMA calls on legislators to fund medical school expansions and GME slots. We also must restore state appropriations for Medicaid GME, which also will allow Texas to obtain additional federal matching dollars.

See all of TMA's legislative issue briefs in the Governmental Affairs section of the TMA Web site.

TMA Members Headed to Austin
Be sure to sign up for First Tuesdays at the Capitol on Feb. 3. Don't miss the chance to meet with lawmakers and their staff and present medicine's case in person. Hundreds of physicians in the galleries and hearing rooms have a powerful impact on the Texas Legislature. Plus, organized medicine has a packed legislative agenda, which lawmakers need to fully understand. Sign up today.

Learn more about TMA's priority issues for the 81st Texas Legislature.

Physician of the Day
The physician of the day at the capitol is Ron Mansolo, MD, of Leander. Dr. Mansolo graduated from The University of Texas Health Science Center at Houston in 1995. He is a member of TMA and Williamson County Medical Society.

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