119:... the Court finds that plaintiffs adequately have alleged a common agreement to displace competition in the recruitment, hiring, employment and compensation of resident physicians and to impose a scheme of restraints that has the purpose and effect of fixing, artificially depressing, standardizing and stabilizing resident physician compensation and other terms of employment among certain defendants.
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The rider praised the 50-year-old
Matching Program, saying that "ntitrust lawsuits challenging the matching process, regardless of their merit or lack thereof, have the potential to undermine this highly efficient, pro-competitive, and long standing process" and "would divert the scarce resources of
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The defendants challenged the admissibility of the lawsuit with several arguments, including a lack of jurisdiction and that the plaintiffs had not been injured. The court dismissed the cases against two defendants for lack of jurisdiction, and three because the claims of conspiracy did not involve
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Every year, American medical students and graduates participate along with foreign-trained physicians in a national matching plan to obtain a position in an accredited resident training program. Applicants and programs that participate in the matching plan submit rank-ordered preferences for
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The new law prohibited "using allegations related to the Match to support any antitrust claim", retroactively. The court ruled that the plaintiff's case was dependent on allegations related to the Match. The case was dismissed under the authority of the new law.
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The suit was launched by Paul Jung, MD on behalf of all current and former medical residents against defendants that oversaw and participated in the matching process as well as institutions that employed medical residents.
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The rider was called "Confirmation of antitrust status of graduate medical resident matching programs" (Section 207). Neither the rider nor the then-ongoing Jung v. AAMC case was debated. The rider was lobbied for by the
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the defendants placed "substantial obstacles to the ability of a resident to transfer employment from one employer to another during the period of a residency"
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fourth-year medical students were required to apply to the Match, and had no opportunity to negotiate their terms of employment with teaching hospitals
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our country's teaching hospitals and medical schools from their crucial missions of patient care, physician training, and medical research"
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the ACGME encouraged or required participation in the Match as a condition of accreditation for institutions offering residencies.
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training. A mathematical algorithm is used to place an applicant in a preferred program that also prefers the applicant.
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337:"Jung v. Association Of American Medical Colleges: the lawsuit challenging our system of graduate medical education"
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the defendants shared information on conditions of employment, and reviewed them in order to keep salaries low.
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them. The federal district court did allow the case to proceed against 17 defendants, ruling:
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often involved 80- to 100-hour workweeks. The suit had some early success but failed when the
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the defendants limited the number of residency positions available in U.S. teaching hospitals
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59:, also referred to as "The Match," is the only comprehensive national matching plan in the
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136:) that exempted participation in a matching program from federal antitrust laws.
263:"Challenging the Medical Residency Matching System through Antitrust Litigation"
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315:"JUNG v. ASSOCIATION OF AM | 300 F.Supp.2d 119 (2004) | pp2d1191407"
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Jung v. Association of
American Medical Colleges: A Special Interest Victory
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89:(if they did not apply, they could not enter a residency accredited by the
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enacted a statute exempting matching programs from federal antitrust laws.
301:, Miranda W. Turner, University of Houston Law Center,November 2, 2004
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The bill containing the rider was signed into law by
President
390:"Antitrust Lawsuit Over Medical Residency System Is Dismissed"
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The three physicians who launched the suit alleged that the
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publicly criticized the way in which the rider was added.
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The lawsuit ended when
Congress enacted legislation as a
97:, meaning that they cannot practice their specialty)
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from negotiating for better working conditions. The
31:lawsuit that alleged collusion to prevent American
21:Jung v. Association of American Medical Colleges
229:"AMA expected to take up resident work hours"
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341:Journal of the American College of Radiology
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280:10.1001/virtualmentor.2015.17.2.hlaw1-1502
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37:working conditions of medical residents
421:Medical education in the United States
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431:Labor disputes in the United States
198:National Resident Matching Program
57:National Resident Matching Program
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261:Weinmeyer, Richard (2015-02-01).
388:Robinson, S. (August 14, 2004).
132:added to an unrelated bill (the
227:Gupta, Sanjay (June 15, 2001).
335:Bierig, Jack R. (2004-01-01).
1:
353:10.1016/S1546-1440(03)00007-3
152:of New Hampshire and Senator
146:American Hospital Association
426:United States labor case law
193:Medical resident work hours
156:of Massachusetts. Senators
148:, and sponsored by Senator
447:
134:Pension Funding Equity Act
81:anti-competitive practice
317:. Leagle.com. 2004-02-11
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95:ABMS-recognized board
77:NRMP Matching program
16:US anti-trust lawsuit
203:Match Day (medicine)
179:on April 8, 2004.
124:Legislative change
208:Medical education
83:, claiming that:
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372:. Retrieved
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29:class-action
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41:US Congress
410:Categories
374:2016-05-06
321:2022-08-12
273:(2): 149.
214:References
150:Judd Gregg
47:Background
361:1546-1440
26:antitrust
369:17411518
187:See also
166:Bingaman
162:Feingold
144:and the
79:was an
67:Lawsuit
24:was an
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359:
164:, and
130:rider
91:ACGME
365:PMID
357:ISSN
158:Kohl
142:AAMC
55:The
349:doi
275:doi
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