<<Cross posted in order to disseminate to as many LC email lists as
possible.  Feel free to forward.>>

As many of you have seen over the years, there in an interest in the field
of lactation consultants to have knowledge of fees charged by our
colleagues in varying geographic areas.  When the topic has come up, both
online and privately, some have wisely suggested that discussing it could
be collusion, which is violates US antitrust laws that protect fair
competition.  However, I began to see the need for a formal survey of fees,
conducted in such a way that did not violate antitrust law, but which would
provide the information that our industry requires in order to set fees
competitively in given geographic areas.  I observed that this was common
practice in other professional industries.

With this in mind, I took advantage of a free service offered by the
Department of Justice Antitrust Division to determine the legality of any
given business practice with regard to anti-trust law.  I outlined a
proposal to create a fee survey of IBCLC's in private practice in the US
using an online survey service, designing this survey to meet all of their
very specific requirements.  They responded once to ask for clarification
of certain points.

I received a call yesterday from Claudia Dulmage, the attorney at the
Department of Justice Antitrust Division who was handling my request.  She
said that it has been approved and that the Department of Justice is
issuing a press release about it (they issue very few press releases each
year).  She said this is a significant decision because it impacts all
health care industries and the media is likely to be interested in
it.    The press released has not yet been posted on their website, but she
faxed me an advance copy and it should be there
soon.  http://www.usdoj.gov/atr/whatsnew.htm

Aside from the value of fee data for the use of individual lactation
consultants, the ramifications to this survey are far reaching.  It is a
formal recognition by a governmental entity of our profession.  It will
also provide formal information to the insurance industry that may
encourage them to recognize the legitimacy and value of our services and
cover our fees, both within and outside of the US.

I will be working over the next few months to develop the survey and may
request help in doing so.  When the survey has been prepared, it will be
advertised widely.  Your help will be asked in reaching as many lactation
consultants as possible so that we collect a large amount of data.  The
data in the survey must be three months old before it can be published, so
the results of this survey are likely to be available in early 2005.  At
this time, the scope of the survey is US lactation consultants in private
practice.

I thank you in advance for your support of this project and the benefits it
is likely to bring to our industry.

Diana West, IBCLC

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