Skip to main content
Specialty vs. Community Hospitals: What Role for the Law?
Health Affairs (2005)
  • Sujit Choudhry, Berkeley Law
  • Niteesh K. Choudhry
  • Troyen A. Brennan
U.S. health care has long featured a struggle between regulation and markets as vehicles of reform, and the community hospital is at the center of this struggle. The key to its financial viability is cross-subsidization, whereby revenues from insured patients subsidize the care of the uninsured and underinsured, and profits from well-compensated services support those operating at a loss. Cross-subsidization has been challenged by efforts to move highly compensated services and well-insured patients to ambulatory surgical centers and specialty hospitals. We review the ongoing battle between through a legal lens and offer conjectures about the outcome. Refined certificate-of-need regulation may be the preferable policy choice.
Publication Date
August, 2005
Citation Information
Sujit Choudhry, Niteesh K. Choudhry and Troyen A. Brennan. "Specialty vs. Community Hospitals: What Role for the Law?" Health Affairs Vol. 2005 (2005)
Available at: