We derive optimal insurance for patients and payment method for physic
ians when neither the input decided by the patient (quantity of treatm
ent) nor the input decided by the physician (effort) are contractible.
The equilibrium in this third-best regime may sometimes be second bes
t, in which both the physician input and the report of treatment are v
erifiable. Otherwise, truthful reporting forces a third best, characte
rized by provider ''prospective payment'' and suboptimal effort, while
consumers' demand becomes excessive. We also analyze how ''profession
al ethics'' alters the equilibrium. Finally, collusive reporting mecha
nisms imply more stringent constraints, while competition among physic
ians relaxes them.