Insurance Antitrust Legal News - May 2012 • Volume 1, Number 1 by Dickinson Wright on 5/3/2012 In this issue: - McCarran Repeal Legislation Passes in the House In late March, legislation that would repeal the health insurance industry’s antitrust exemption, contained in the McCarran Ferguson Act (15 USC...more
Recent Lawsuits Allege Anticompetitive Market Allocation Conspiracy by Blue Cross and Blue Shield by King & Spalding on 4/25/2012 Two recent lawsuits allege that Blue Cross and Blue Shield entities in North Carolina and Alabama have violated federal and state antitrust laws by engaging in concerted action with other Blue Cross Blue Shield (BCBS) plans...more
Going Vertical: The Hospital-Health Insurer Merger by Mintz Levin - Health Law on 4/25/2012 In today’s health care reform environment, “efficient health care delivery,” “stemming soaring health care costs,” and “improving outcomes” are just a few of the many often-stated goals. The proper role of antitrust...more
District Court Dismisses Follow-On Suit Challenging Blue Cross's "MFN-Plus' Contracts Under Both Per Se and Rule of Reason... by Sheppard Mullin Richter & Hampton LLP on 4/13/2012 The District Court for the Eastern District of Michigan recently dismissed antitrust claims brought by the City of Pontiac against Blue Cross Blue Shield of Michigan's practice of requiring hospitals to enter into "MFN-Plus"...more
New York Court of Appeals Holds That State Law Cannot Reach a Purely Foreign Antitrust Conspiracy by White & Case LLP on 4/13/2012 In a decision that may reverberate beyond the antitrust context, New York’s highest court — the Court of Appeals — held that the state’s antitrust statute lacks the extraterritorial scope to reach a purely foreign alleged...more
Department of Justice Requires Divestitures to Preserve Competition for Medicare Advantage Plans by Mintz Levin - Health Law on 4/2/2012 Under a proposed settlement agreement with the Department of Justice (DOJ), private insurers Humana Inc. (Humana) and Arcadian Management Services, Inc. (Arcadian) must divest certain of Arcadian’s assets in parts of five...more
Health Care Legal News: February 14, 2012 • Volume 2, Number 2 by Dickinson Wright on 2/15/2012 In this issue: Fiduciary Duties to Employer Can Prevent Competition by Physicians; Impact of Illegality of Payment Arrangement Under Stark Law on Payment for Services Provided by Referring Physician; and As Consolidation...more
Volume to Value: Strategies for Maximizing Your Margins by Katten Muchin Rosenman LLP on 1/30/2012 In this presentation; •Review the Changing Health Care Landscape •Cornerstones Of the New Emerging Payment Models •Case Studies of New Reimbursement and Delivery Models •Panel Discussion Please see...more
Plaintiffs Lack Standing to Pursue Antitrust Class Action Against Insurance Company Subsidiaries by Sedgwick LLP on 12/29/2011 U.S. District Court – Northern District of California In Perez v. State Farm Mut. Auto. Ins. Co., 2011 WL 5833636 (N.D. Cal. Nov. 15, 2011), the U.S. District Court for the Northern District of California dismissed an...more
Health Law Alert: DOJ Steps Up Antitrust Enforcement Against Health-Plan/Provider Restraints on Competition by Ober|Kaler on 12/6/2011 Pursuant to an implicit, if not explicit, market-allocation agreement between the Federal Trade Commission and the Antitrust Division, the Division has primary responsibility for investigating and, where warranted,...more
Antitrust And Advertising Injury: Hurdles For Defendants by Zelle Hofmann Voelbel & Mason LLP on 11/17/2011 Published in Competition Law360 - November 2011. Within the past two months, the Seventh and Eleventh Circuits have addressed whether antitrust claims against an insured gave rise to a duty to defend by insurers under...more
2011 — The Year of The Breach: Consumers, companies, insurers, and legislators stake out positions after rash of data breaches by Zelle Hofmann Voelbel & Mason LLP on 8/8/2011 Originally Published in Insurance Law360. In the first seven months of 2011, a number of companies and institutions have reported large-scale data breaches. The causes of the breaches range from misplacement of data by...more
Health Headlines - May 16, 2011 by King & Spalding on 5/16/2011 In This Issue: - FTC Bars Texas Physician Group From Joint Price Negotiations - Blue Cross Announces Intention To Participate In Florida Medicaid Program - Court Issues Significant Guidance Concerning When...more
FTC Bars Texas Physician Group from Joint Price Negotiations by King & Spalding on 5/13/2011 On May 10, the Federal Trade Commission (FTC) announced that an independent practice association representing 900 physicians in the Amarillo, Texas, area agreed to enter in to an FTC Consent Order barring it from jointly...more
Key Health Law Issues for 2011 by McDermott Will & Emery on 5/12/2011 Key Health Law Issues for 2011 Throughout 2010 and continuing through the first quarter of 2011, we have seen the introduction of substantial, new developments in health care laws, policies and initiatives that will impact...more