James M. Burns

James M. Burns

Dickinson Wright

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FTC Commissioner Criticizes Proposed Legislation That Would Permit Health Providers to Negotiate Jointly with Health Insurers

In a February 26 speech before the Connecticut Bar Association, Federal Trade Commissioner Maureen Olhausen expressed strong opposition to proposed legislation that would create an antitrust exemption for collective...more

3/28/2014 - Antitrust Provisions FTC Health Insurance Healthcare

Hearing Held on Pennsylvania’s Novel “Any Willing Insurer” Legislation

On December 18, 2013, the Pennsylvania House Health Committee held a hearing on Pennsylvania House Bills 1621 and 1622, two bills that would require that any health provider in the state that operates as part of an integrated...more

3/14/2014 - Anti-Competitive Health Insurance Healthcare

Insurance Antitrust Legal News - March 2014 • Volume 3, Number 2

In This Issue: - FTC COMMISSIONER CRITICIZES PROPOSED LEGISLATION THAT WOULD PERMIT HEALTH PROVIDERS TO NEGOTIATE JOINTLY WITH HEALTH INSURERS: In a February 26 speech before the Connecticut Bar Association,...more

3/6/2014 - Antitrust Litigation Blue Cross Casualty Insurance FTC Health Insurance Healthcare Mergers Property Insurance

Healthcare Legal News - February 2014 • Volume 4, Number 1

In This Issue: - CMS ISSUES FINAL RULE ON DIRECT ACCESS OF LAB TEST RESULTS BY PATIENTS: On February 3, 2014, the Centers for Medicare and Medicaid Services (CMS) released a final rule that permits patients or...more

2/27/2014 - CMS EHR Health Insurance Healthcare Healthcare Reform HIPAA Hospitals Out of Network Provider PHI

FTC Announces Higher Hart Scott Rodino Premerger Notification Reporting Thresholds

The Hart-Scott-Rodino Act, 15 U.S.C. 18a (the “HSR Act”), requires parties that are contemplating a merger or the acquisition of assets, voting securities and other non-corporate interests above certain dollar thresholds to...more

1/31/2014 - FTC Hart-Scott-Rodino Act Pre-Merger Filing Requirements The Clayton Act

Senate Passes an Antitrust “Whistleblower” Protection Bill

On November 4, 2013, the United States Senate passed S. 42, the “Criminal Antitrust Anti-Retaliation Act,” by unanimous consent. The legislation, introduced back in January of 2013 with bipartisan support (Senators Leahy (D)...more

1/16/2014 - Antitrust Litigation Antitrust Provisions Whistleblower Protection Policies Whistleblowers

Mississippi Governor Rescinds Executive Order Requiring Blue Cross of Mississippi to Grant “In Network” Status to Excluded...

In early November, Mississippi Governor Phil Bryant rescinded an Executive Order (Executive Order 1327), issued only weeks earlier, that would have compelled Blue Cross of Mississippi to continue to offer “in-network” status...more

1/10/2014 - Blue Cross Executive Orders Health Insurance Healthcare Hospitals Out of Network Provider

Insurance Antitrust Legal News - January 2014 • Volume 3, Number 1

In This Issue: - MISSISSIPPI GOVERNOR RESCINDS EXECUTIVE ORDER REQUIRING BLUE CROSS OF MISSISSIPPI TO GRANT “IN NETWORK” STATUS TO EXCLUDED HOSPITALS: In early November, Mississippi Governor Phil Bryant...more

1/7/2014 - Antitrust Investigations Antitrust Litigation Antitrust Provisions Insurers

Bill Seeking to Repeal the McCarran Ferguson Act’s Antitrust Exemption Introduced in Congress

On September 18, Congressman Phil Roe (R-Tennessee) introduced legislation (H.R. 3121) that would, among other things, amend Section 3 of the McCarran-Ferguson Act (15 U.S.C. 1013) to repeal the Act’s antitrust exemption for...more

11/22/2013 - Competition Exemptions Insurers McCarran-Ferguson Act Proposed Legislation

“Any Willing Insurer” Legislation Introduced in Pennsylvania

A significant number of states have “Any Willing Provider” statutes that require a health insurer to admit all requesting providers into the health insurer’s preferred provider network. While some of these statutes are...more

11/15/2013 - Health Insurance Health Insurance Exchanges Healthcare Hospitals

Insurance Antitrust Legal News - November 2013 • Volume 2, Number 6

In This Issue: - BILL SEEKING TO REPEAL THE MCCARRAN FERGUSON ACT’S ANTITRUST EXEMPTION INTRODUCED IN CONGRESS: On September 18, Congressman Phil Roe (R-Tennessee) introduced legislation (H.R.3121) that would,...more

11/7/2013 - Affordable Care Act Antitrust Litigation Exemptions Health Insurance Insurers McCarran-Ferguson Act

California Supreme Court Holds Insurers are Subject to Unfair Competition Claims in Zhang Case

On August 1, the California Supreme Court issued its highly-anticipated decision in Zhang v. Superior Court, holding that the California Unfair Insurance Practices Act (Ins. Code §790 et seq.) does not necessarily preempt an...more

9/10/2013 - Insurers Unfair Competition

Insurance Antitrust Legal News - September 2013 • Volume 2, Number 5

In This Issue: - CALIFORNIA SUPREME COURT HOLDS INSURERS ARE SUBJECT TO UNFAIR COMPETITION CLAIMS IN ZHANG CASE: On August 1, the California Supreme Court issued its highly-anticipated decision in Zhang v....more

9/5/2013 - Antitrust Litigation Blue Cross Blue Shield Insurers Liability Unfair Competition Unfair or Deceptive Trade Practices

Health Care Legal News - August 7, 2013 • Volume 3, Number 2

In This Issue: - IRS ISSUES TRANSITION RELIEF ON THE ONE-YEAR DELAY IN ACA’S INFORMATION REPORTING AND EMPLOYER SHARED RESPONSIBILITY RULES: On July 9, 2013, the IRS issued Notice 2013-45 which provides...more

8/7/2013 - Affordable Care Act Delays Employer Mandates Healthcare IRS Pay or Play Reporting Requirements Shared Responsibility Rule Transition Relief

Insurance Antitrust Legal News - July 2013 • Volume 2, Number 4

In This Issue: - CONNECTICUT AUTO BODY SHOPS AWARDED MILLIONS IN CONNECTICUT UNFAIR TRADE PRACTICES ACT CLASS ACTION AGAINST THE HARTFORD: In a closely-watched Connecticut state court action that has dragged on for...more

7/3/2013

Automotive Legal News - May 2013 • 2nd Quarter

IN THE ISSUE: - The Legal Challenge to the SEC’s Conflict Minerals Reporting Regulations: In the 2010 Dodd-Frank Act, the United States Congress required, inter alia, the SEC to promulgate regulations requiring...more

5/9/2013 - Attorney-Client Privilege Automotive Industry Conflict Mineral Rules Dodd-Frank Email Insurers PARTS Act Reporting Requirements SEC

Insurance Antitrust Legal News - May 2013 • Volume 2, Number 3

In This Issue: - STATE EFFORTS TO RESTRICT HEALTH INSURER USE OF “MOST FAVORED NATION” CLAUSES IN PROVIDER CONTRACTS CONTINUE TO MULTIPLY: Over the last several years, several states have considered legislation...more

5/2/2013 - Auto Insurance Filed-Rate Doctrine Health Insurance Insurers RICO

Insurance Antitrust Legal News - March 2013 • Volume 2, Number 2

In This Issue: - MULTIPLE BILLS INTRODUCED IN CONGRESS TO REPEAL HEALTH INSURERS’ ANTITRUST EXEMPTION: Over the course of the last two months, four separate bills have been introduced in the House of Representatives...more

3/5/2013

Tennessee Insurance Legal News - February 2013 • Volume 2, Number 1

In This Issue: - AUTO REPAIR TRADE ASSOCIATION REQUESTS THAT DOJ INVESTIGATE THE USE OF MOST FAVORED NATION CLAUSES BY AUTO INSURERS: Over the last several years, the use of most favored nation clauses by health...more

2/7/2013 - Automotive Industry Burden of Proof Damages DOJ Health Insurance Exchanges Most-Favored Nations

DOJ Antitrust Division Continues To Pursue Employers Engaged in Efforts to Restrict Employee Job Change

On November 16, the DOJ Antitrust Division filed an antitrust action against eBay, alleging that "[s]enior executives at eBay and Intuit entered into an evolving ‘handshake’ agreement . . . [that] prohibited either company...more

1/10/2013 - Adobe DOJ eBay Employee Solicitation Intuit Sherman Act

Insurance Antitrust Legal News - January 2013 • Volume 2, Number 1

In This Issue: - Michigan Governor Vetoes Legislation Banning Health Insurers From Utilizing Most Favored Nation Clauses In Provider Contracts - DOJ Antitrust Division Approves Wellpoint’s Acquisition Of...more

1/4/2013 - Acquisitions Auto Insurance DOJ Health Insurance Most-Favored Nations

Health Care Legal News - November 28, 2012 • Volume 2, Number 10

In This Issue: - Medicare Finalizes 2013 Physician Payment Schedule - Ohio Court Rules That A Court CAnnot Compel A Terminated Employee To Return PHI To The Former Employer - Insurer’s Antitrust Action AGainst...more

12/3/2012 - CMS HIPAA Medicare Physician Fee Schedule

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