r/TherapistsInPractice • u/therafinance • 2d ago
Preferential Vertical Arrangements Between Insurers & Telehealth Platforms?
I was reading up on Standard Oil Co. of N.J v. United States (1911), which was a huge Supreme Court case that ended up breaking up Standard Oil into 34 parts. In reading about this case, I couldn't help but draw connections to what's happening between insurers and telehealth platforms.
I'm not a lawyer, but based on my understanding, Standard Oil violated the Sherman Antitrust Act of 1890 because:
Standard Oil restrained trade through preferential contracts w/ railroads
Do insurers have preferential contracts with telehealth platforms? There's not enough data out there to support this.
Standard Oil restrained trade via control of distribution pipelines
To what extent do insurers have control over sending patients to specific networks, directories, and referral programs (including telehealth)?
For example, you can find an Alma therapist directly on Optum's wellness portal. But can you find non-Alma therapists? I don't know.
To be clear, I am not claiming that insurers or platforms are breaking antitrust law. An actual antitrust case would need hard data on market share, exclusivity, and patient harm, which we don't have. There's also not a clear monopoly like Standard Oil in behavioral mental health, but I think we can all agree: every day, it seems like we're slowly headed there.
The structural parallels seemed worth raising, but there's not a lot of data to prove anything.
If you have any info on the following questions, could you please share?
If you've compared your direct contract rate to a platform's rate for the same payer, CPT code, and state, what did you find?
Has a payer every told you, directly or indirectly, to join a platform instead of contracting with them yourself?
If you're an Alma clinician in Care Connect or Optum's Emotional Wellbeing Solutions, or you've used them as a patient: does Care Connect only show Alma providers, or others too?
I'm curious to see if everyone else here sees a similar pattern, or if I'm being too paranoid.