Ashley Fischer

Ashley Fischer

McDermott Will & Emery

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FTC Weighs-in on Telehealth: Providing Comments Regarding Alaska’s Proposed Licensure and Standard of Care Requirements

In March 2016, the US Federal Trade Commission (“FTC”) staff submitted public comments regarding the telehealth provisions of a proposed state bill in Alaska demonstrating the FTC’s continued focus on health care competition...more

5/12/2016 - Anti-Competitive FTC Medical Licensure Compact Public Comment Standard of Care Telehealth

FTC and Pennsylvania Attorney General Challenge Health System Combination

The Federal Trade Commission (FTC) and Pennsylvania Attorney General (AG) have challenged the proposed combination of The Penn State Hershey Medical Center (Hershey) and PinnacleHealth System (Pinnacle) in Harrisburg,...more

1/9/2016 - Administrative Proceedings Advance Pricing Agreements Anti-Competitive Attorney Generals FTC Healthcare Facilities Hospital Mergers Hospitals

FTC Challenges Chicago-Area Health System Combination

The Federal Trade Commission (FTC) has issued an administrative complaint challenging the proposed combination of Advocate Health Care Network (Advocate) and NorthShore University Health System (NorthShore) in the Chicago...more

12/23/2015 - FTC FTC Act Health Care Providers Hospital Mergers The Clayton Act

FTC and Pennsylvania Attorney General Challenge Health System Combination

The Federal Trade Commission (FTC) and Pennsylvania Attorney General (AG) have challenged the proposed combination of The Penn State Hershey Medical Center (Hershey) and PinnacleHealth System (Pinnacle) in Harrisburg,...more

12/23/2015 - Advance Pricing Agreements Anti-Competitive Attorney Generals FTC Hospital Mergers

CMS Issues Final ACO Rules: Key Legal Implications for Hospital & Health System ACOs

On June 4, 2015, the Centers for Medicare & Medicaid Services (CMS) released a final rule (Final Rule) containing changes to its Medicare Shared Savings Program (MSSP). Some of the changes codify informal guidance that the...more

6/12/2015 - ACOs Board of Directors Choice of Entity CMS Compliance Fiduciary Duty Final Rules Hospitals IRS Legal Entities Medicaid Medicare Medicare Shared Savings Program Non-Profits Parent Corporation Participation Agreements Subsidiaries

FTC and DOJ Host Workshop Examining Health Care Competition - Updated 2015

The Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) held a public workshop on February 24–25, 2015, to examine recent trends and developments in health care provider...more

3/3/2015 - ACOs Acquisitions Affordable Care Act Antitrust Division DOJ FTC Health Insurance Health Insurance Exchanges Healthcare Hospitals Mergers

Ninth Circuit Affirms Divestiture of Consummated Physician Practice Acquisition

The U.S. Court of Appeals for the Ninth Circuit affirmed an Idaho federal district court’s decision ordering the divestiture of a physician practice group that had been acquired by a competing health system. The case, which...more

3/2/2015 - Antitrust Litigation Antitrust Provisions Appeals Divestiture FTC Healthcare Hospital Mergers Hospitals The Clayton Act

Perspectives from the Federal Antitrust Enforcement Agencies

The Antitrust in Health Care conference took place May 13 to 14, 2014, in Arlington, Virginia, where a number of the speakers were representatives of the Federal Trade Commission (FTC) or the Antitrust Division of the U.S....more

5/20/2014 - Affordable Care Act American Bar Association (ABA) Competition DOJ FTC Healthcare Healthcare Reform St. Luke's

Court Orders Divestiture of Consummated Physician Practice Acquisition

In a challenge brought both by private plaintiffs and the government, a court has ruled that a health system’s acquisition of a competing physician group practice violated the antitrust laws where the transaction resulted in...more

2/17/2014 - Acquisitions Divestiture Healthcare Physician Ownership Physicians

Supreme Court Limits Availability of State Action Immunity from Federal Antitrust Liability

The Supreme Court decision in FTC v. Phoebe Putney Health System, Inc., makes clear that state action immunity from federal antitrust laws is disfavored, and local governmental, quasi-public and private entities can only...more

2/21/2013 - Acquisitions FTC FTC v. Phoebe Putney Health System Government Entities Governmental Immunity Governmental Liability Hospital Mergers SCOTUS State Action Doctrine

FTC Issues Another Favorable Clinical Integration Program Advisory Opinion

In a February 13, 2013, advisory opinion, the Federal Trade Commission (FTC) Bureau of Competition stated that it has no present intention to recommend that the FTC challenge a clinical integration program (CIP) proposed by...more

2/20/2013 - ACOs Advisory Opinions Affordable Care Act Clinical Integration FTC Joint Contracting Norman PHO Physician Hospital Organizations Physicians Rule-of-Reason Analysis

U.S. Supreme Court Hears Oral Argument in Phoebe Putney Hospital Merger Challenge

In oral argument in FTC v. Phoebe Putney Health System, Supreme Court Justices focused on whether the state legislature clearly articulated a state policy to displace competition with regulation, in a case challenging the...more

11/28/2012

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