Complete the assignment beginning page 492 titled "Exercise: Negotiating a Managed Care Contract" in a one to two page paper. Submit the assignment to your instructor. For a general description of Marcus Welby Hospital see page 369 of the text. The assignment below makes some adaptations to the text to clarify expectations for your paper. One of Marcus Welby Hospital's (MWH) competitors established a successful IPA-model HMO two years ago. Fearing loss of patients, MWH is forming the Marcus Welby Managed Care Network (the Network). The objective is to sign up a number of physicians, mainly in primary care but also in common specialties, and then to market this network to these two sources: () large employers who provide health insurance to their workers on a self-insured basis; and 2) large regional or national insurance companies (such as Blue Cross) who then offer the network to their customers. The Network is approaching each physician group individually and asking them to sign up nonexclusively, leaving them free to sign up with other networks or HMOs. The contract excerpts on pages 493 and following contain some common sticking points in these negotiations. Read each pairing of contract options and determine wharis at stake. Then, assume the position of lawyeregotiator for either (a) the Network or (b) a physician group who wants to sign up but is concerned about the details. from the other side The Network is approaching each physician group individually and asking them to sign up nonexclusively, leaving them free to sign up with other networks or HMOs. The contract excerpts on pages 493 and following contain some common sticking points in these negotiations. Read each pairing of contract options and determine what is at stake. Then, assume the position of lawyeregotiator for either (a) the Network or (b) a physician group who wants to sign up but is concerned about the details. Write in your paper what you would say in a meeting with a representative from the other side and Describe how you would hammer out a deal, either adopting one version or the other, or making any changes you want. You must therefore be able to write clearly about what the concerns of the other side would be. Cite when appropriate. HASSAN v. INDEPENDENT PRACTICE ASSOCIATES 698 F. Supp. 679 (E.D. Mich. 1988) NEWBLATT, Wistrict Judge Before the court are defendants' Motion for Summary Judgment. ... Plaintiffs Shawky Hassan and Fikria Hassan are allergists who practice through the Allergy 493 & Asthma Center, P.C., a professional corporation wholly owned by the Drs. Hassan. Defendant Independent Practice Associates, P.C., (IPA) is an organization of physicians and osteopaths who provide medical care to subscribers of Genesee Health Care, Inc., doing business as Health Plus of Michigan (Health Plus), a state licensed, federally qualified health maintenance organization (HMO). Plaintiffs allege... that IPA's participation in plaintiffs' separation from IPA and the group's subsequent refusal to readmit the doctors, constitute an illegal group boycott ... IPA is the corporation through which the group of doctors that treat patients who subscribe to Health Plus practice. It is owned by the physicians who comprise the group. Health Plus, the HMO insurance contractor here, was formed by the Genesee County Medical Society in 1979. Its Board of Directors is made up of subscribers, the public and physicians. Health Plus is funded by subscribers who pay a fixed premium per month. With this money, Health Plus pays service providers, such as IPA, on a computed basis and also a fixed amount per member per month. IPA members are paid primarily on a fee-for-services basis, which the IPA determines according to a set maximum fee schedule.... Defendants concede that IPA exists only to serve Health Plus patients. ... Health Plus has experienced substantial growth since 1979 and its patient market share is 20 percent of the population in the area of Genesee-Lapeer-Shiawassee counties. ... There is no evidence that IPA physicians cannot also belong to other such organizations. thot thou foco a comnetitive market. For example, they contend that the largest Defendants contend that they face a competitive market. For example, they contend that the largest portion of Health Plus's membership is represented by General Motors (GM) employees. In order to obtain the GM business, defendants must compete on an annual basis by obtaining both GM and UAW approval as an authorized insurer and then, further, convince the employees to choose the Health Plus program. Thus, GM, the union, and the workers must be satisfied as to both price charged and benefits offered. ... This has resulted in actions [to cut costs such as) denying physicians' applications for membership and terminations or resignations of physicians.... Plaintiffs joined IPA in 1979, and until October of 1981, they were the only allergy specialists to provide such service to Health Plus subscribers. In 1980, a review of billing records revealed a high incidence of lab tests performed by plaintiffs and prompted the IPA's Care, Quality and Cost Committee to request justification for those tests from plaintiff Shawky Hassan. Moreover, the Committee began setting guidelines for allergy testing which prohibited routine testing. Further, in October of 1981, an IPA survey of allergy testing procedures indicated that plaintiffs performed far more tests than two other specialists, and a review of patient charts failed to satisfy the IPA that the Hassans' level of testing was justified.... Health Plus sent out a notice that subscribers could no longer see the Drs. Hassan.... In August of 1983, the Hassans applied to IPA on behalf of their newly established Urgent Care Family Clinic to provide emergency care to IPA members! . On January 6, 1984, all of plaintiffs' applications were denied without explanation. The Hassan Clinic lost money and, in 1985, it was closed. ... 1. WAS THERE A CONSPIRACY? .. [E]ach physician in IPA has a practice or other profession independent of IPA or Health Plus. The inferences from the undisputed facts lead the court to