J. Mark Waxman

J. Mark Waxman

Foley & Lardner LLP

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Latest Publications


For-Profit PACE Programs: Harbinger of the Future?

The Program of All-Inclusive Care for the Elderly (PACE) is a benefit program provided by the federal government through the Centers for Medicare & Medicaid Services (CMS), geared toward the care of frail, elderly...more

7/29/2015 - CMS Elder Care Elder Issues Healthcare Healthcare Facilities Long-Term Care Medicaid Medicare Non-Profits

New York State Adopts First Post-Phoebe Putney Law Extending State Antitrust Immunity to a Public Hospital — How It Came About and...

On October 24, 2013, Governor Andrew Cuomo signed what we believe is the first post-Phoebe Putney statute (see FTC v. Phoebe Putney Health Sys., Inc., 133 S. Ct. 1003 (2013)), extending the State’s antitrust immunity to...more

10/29/2013 - Antitrust Litigation Antitrust Provisions FTC v. Phoebe Putney Health System Hospitals Immunity SCOTUS

Supreme Court Issues Landmark Ruling in Hospital Merger Case on Scope of State Action Immunity

On February 19, 2013, the U.S. Supreme Court unanimously ruled that a local hospital authority’s acquisition of a hospital in Georgia was not immunized from the antitrust laws under the state action doctrine. In doing so, the...more

2/20/2013 - Acquisitions FTC FTC v. Phoebe Putney Health System Government Entities Governmental Immunity Governmental Liability Hart-Scott-Rodino Act Hospital Mergers Hospitals Inc. SCOTUS State Action Doctrine

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