Emergicenters and the Need for a Competitive Regulatory Approach

Rhode Island Department of Health, Rules and Regulations for the Licensing of Freestanding Emergency Care Facilities, R23-17-FECF §1.1 (December 30, 1981) [hereinafter cited as Rhode Island Rules and Regulations].

Id. at §1.2.

Preamble and Principles of the National Association of Freestanding Emergency Centers (formerly known as the National Association of Centers for Urgent Treatment).

N.Y. Pub. Health Law §2801(1) (McKinney 1981).

Mass. Gen. Laws Ann. ch. 111, §52 (Michie/Law Coop 1982) (§51 requires licensure of clinics; §52 defines what clinic is and is not).

Rhode Island Rules and Regulations, supra note 1, at §2.2.

Rhode Island Department of Health, Rules and Regulations for the Licensing of Freestanding Emergency Care Facilities, R23-17-FECF (October 28, 1981).

For example, the Maryland Prince George's County Medical Society recently adopted a resolution which would require regulation of emergicenters if they use such terms as “emergency,” “urgent,” or other words which connote immediate care capability for sudden or unexpected conditions that might potentially require life-saving measures. In addition, such facilities would be required to fulfill a defined role in the local emergency medical system.

42 U.S.C. §§300k et seq. (1976 and Supp. III 1979).

45 Fed. Reg. 69,475 (1980) (to be codified at 42 C.F.R. §123.401).

Special Report: Survey of State CON Law , Health Planning Law Reporter 5(2&3): 1-7 (1982).

Burns L. Ferber M. , Freestanding Emergency Care Centers Create Public Policy Issues , Hospitals 55(10): 75 (May 16, 1981).

National Association of Freestanding Emergency Centers, Emergence (January 1982) at 3.

42 U.S.C. §§1395 et seq.

42 U.S.C. §1395(d).

42 U.S.C. §1395(k).

42 U.S.C. §1395(x)(u)

42 U.S.C. §1395(f)(b)

42 U.S.C. §1395(l)(a)

Wilmington Gen. Hosp. v. Manlove, 174 A.2d 135 (Del. 1961).

Garcia v. Memorial Hospital, 557 S.W.2d 859 (Tx. Civ. App. 1977).

Hunt v. Palm Springs Gen. Hosp., Inc., 352 So.2d 582 (Fla. Dist. Ct. App. 1977).

Massachusetts Chapter of American College of Physicians, Position Paper on Free Standing Care Facilities, at 2.

Methodist Hosp. v. Ball, 362 S.W.2d 475 (Tenn. Ct. App. 1961).

New Biloxi Hosp., Inc. v. Frazier, 146 So.2d 882 (Miss. 1962).

Nance v. James Archer Smith Hosp., Inc., 329 So.2d 377 (Fla. Dist. Ct. App. 1976).

Rhode Island Rules and Regulations, supra note 1, at §2.2.

Id. at §7.0.

Id. at §9.0.

Id. at §10.0.

Id. at §11.0.

Id. at §16.0.

Id. at §21.0.

Id. at §19.0.

47 Fed. Reg. 12,574 (1982), corrected at 47 Fed. Reg. 13,174 (1982).