Illinois Alleges “Price Fixing” Violation in Medicaid Boycott

Illinois Medicaid payments, by many accounts, are substantially below reasonable remuneration and doctors taking Medicaid patients do so at their personal cost.  Last month the Illinois Attorney General, Lisa Madigan, filed an antitrust action under the Illinois Antitrust Act against two physician groups representing ninety percent (90%) of the primary care market in Champaign County, Illinois for boycotting new Medicaid patients.  The case, The People of the State of Illinois ex rel. Lisa Madigan v. Carle Clinic Association, P.C.; Christie Clinic, P.C. (No. 07h115) is pending in the Sixth Judicial Circuit, Campaign County, Illinois, and asserts two counts under the state statute, which makes it illegal to:

make any contract with, or engage in any combination or conspiracy with, any person who is, or but for a prior agreement would be, a competitor of such person:
a.  for the purpose or with the effect of fixing, controlling or maintaining the price or rate charged for any commodity sold or bought by the parties thereto, or the fee charged or paid for any service performed or received by the parties thereto;
b.  fixing, controlling, maintaining, limiting, or discontinuing the production, manufacture, mining, sale or supply of any commodity, or the sale or supply of any service, for the purpose or with the effect stated in paragraph a. of subsection (1).