Collective Bargaining by Physicians: Labor Law, Antitrust, and Organized Medicine

New England Journal of Medicine. Vol. 345, pp. 1141-44, 2001

Posted: 14 Sep 2017

See all articles by Sujit Choudhry

Sujit Choudhry

Center for Global Constitutionalism, WZB Berlin Social Science Center

Date Written: 2001

Abstract

Collective bargaining has caught the imagination of physicians across the United States. Although physicians’ unions have existed since the 1970s, union members have always constituted an extremely small percentage of practicing physicians. However, physicians are turning to unions to increase their bargaining power with managed-care organizations. They are also viewing unions as a way to help reclaim their clinical autonomy and to preserve and enhance the quality of care. Struggles over reimbursement and physicians’ clinical prerogatives are likely to increase during the next decade as health care costs rise. In this article, we examine the relations and tensions between federal labor law and antitrust law in the context of collective bargaining between physicians and managed-care organizations.

Suggested Citation

Choudhry, Sujit, Collective Bargaining by Physicians: Labor Law, Antitrust, and Organized Medicine (2001). New England Journal of Medicine. Vol. 345, pp. 1141-44, 2001. Available at SSRN: https://ssrn.com/abstract=3026318

Sujit Choudhry (Contact Author)

Center for Global Constitutionalism, WZB Berlin Social Science Center ( email )

Reichpietschufer 50
D-10785 Berlin, 10785
Germany

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