Optometrists lose IHC lawsuit
In a 37-page ruling published Wednesday, a three-judge panel with the 10th Circuit Court of Appeals found there was no evidence of a conspiracy between ophthalmologists and Intermountain Healthcare to exclude the group.
The group had claimed that IHC covered certain ophthalmologists but does not cover optometrists. While both are eye-care professionals who sell optical hardware, such as glasses, and can perform non-surgical eye care, ophthalmologists are licensed physicians and are authorized in Utah to perform eye surgery.
With IHC consisting of some 60 percent of total managed-care plan enrollees along the Wasatch Front, the optometrist group argued that IHC was violating federal anti-trust laws by shutting them out of its typical coverage. At the same time, the group claimed IHC and its panel of ophthalmologists had an agreement designed to preserve the ophthalmologists' exclusive ability to provide non-surgical eye care to 60 percent of health care customers along the Wasatch Front.
The optometrists' group claimed that part of the agreement included a promise by ophthalmologists to refer their patients to hospitals managed by IHC and not its competitors.
However, the Denver-based appellate court found that the optometrists failed to bring any evidence that such an agreement exists. The court also found that the plaintiffs failed to show that IHC has an economic
interest in the sale of non-surgical eye care.
The ruling upholds a lower federal ruling that reached the same conclusion.
E-mail: gfattah@desnews.com
Comments
- Super glue: It's holding us together 9:49 a.m.
- Feillu wins 7th Tour stage 9:48 a.m.
- Success of movie not about Fox 9:47 a.m.
- Phelps is fastest qualifier in 100 fly 9:45 a.m.
- Snakes avoid people, but will bite 9:40 a.m.
- Geithner: Derivatives blindsided gov't 9:34 a.m.
- 100-year old Cartier gets lessons 9:34 a.m.
- Obama and pope hold first meeting 9:33 a.m.
- 101 Ideas: Good ways to use red 9:26 a.m.
- Floors are a key in a stylish room 9:25 a.m.
- Rumor has Boozer with Bulls
- Stadium of Fire flag burning was fake
- Jazz in back of line for free agents
- Okur signs two-year extension
- A primer for the 6th Potter film
- Jazz won't meet Lopez on Europe trip
- Restaurant destroyed by fire
- Mall owner seeks to retain zoning
- Jazz rally for OT win at Orlando
- AK will not play for Russia this summer
- Bronco collecting a galaxy of recruits
140 - Letters: Palin mistreated
137 - Teachers struggle with district cuts
135 - Blazers may offer Millsap a contract
123 - Rumor has Boozer with Bulls
102 - Fairness of BCS debated
81 - Moon landing: Let's hear from you
77 - Chaffetz eyes challenging Bennett
73 - Services bids farewell to Jackson
70 - Letters: Time for a revolution
69
As more and more dads are put out of work in this economy, I've been...
The photographs are mysterious, brooding, dark. They show dimples and...
Most of this story was valuable, but they could return the fee the agency...
Trade boozer, ak, miles, and suton or fez to the bobcats and bring in bell,...
Jazz get Thomas and Fernandez or Outlaw from portland. I'd prefer Rudy...
Kit, I hope you're intent was sarcasm. If it wasn't, the irony is pretty...
Dave comes from a very hard-working farm family where I live and work as an...
I can't wait for the 'Friendly'. I along with tens of fans look forward to...
Did you say name one team that would pay for his services? Well considering...
Teachers work 75% of the year, therefore their salaries are 75% of the...
IF YOU STOPPED CELEBRITY COVERAGE FULLY, because of constant coverage of...
Although a die-hard Ute, I am a Fui fan. Good luck in Cinci!


You can be the first to comment on this story.