Idaho court dismisses spine practice's antitrust lawsuit against health system

Practice Management

A 2023 lawsuit filed by Boise, Idaho-based Neuroscience Associates alleging antitrust violations by St. Luke's Health System has been dismissed.

The practice's lawsuit honed in on St. Luke's "24/7/365 call coverage", which requires independent neurosurgeons to do on-call shifts as part of maintaining staff privileges, according to the July 16 order from the U.S. District Court for the District of Idaho. The health system paid neurosurgeons for their on-call coverage until April 2018, and at the time two Neuroscience Associates surgeons relinquished their privileges.

In August 2022 a new on-call policy required a Neuroscience Associates surgeon to be continuously on-call even though a competing practice, Northwest Neurosurgery Associates was also on-call, court documents said.

Neuroscience Associates challenged the 24/7/365 on-call coverage policy under state and federal antitrust laws and alleged "disproportionately favorable treatment of Northwest related to emergency on-call coverage responsibilities" that affected the practice's ability to grow its business.

The order from Idaho court dismissed the lawsuit for reasons including that Neuroscience Associates "have not alleged an antitrust injury" and that the practice "fall[s] short of showing exclusionary conduct."

Neuroscience Associates has until Aug. 15 to file amended litigation.

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