Administrative Agency Health Antitrust & Trade Regulation

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North Carolina Dental Board Urges Reversal of FTC’s “Radical” Stance on State Action Immunity

North Carolina’s State Board of Dental Examiners has urged the U.S. Supreme Court to reject the Federal Trade Commission’s (FTC’s) “radical departure” from decades of established precedent that offers state actors immunity...more

Buckle Up—Unwinding Phoebe Putney’s Acquisition of Palmyra Down in Georgia May End Up Being Back on the Table

Almost one year ago, Federal Trade Commission (FTC) agreed to settle its antitrust challenge of Phoebe Putney Health System’s (Phoebe Putney) acquisition of Palmyra Medical Center (Palmyra) without requiring divesture or any...more

The American Board of Obstetrics and Gynecology Reverses Its Unlawful Ban on Treating Male Patients

In September of 2013, the American Board of Obstetrics and Gynecology adopted a policy of excluding obstetrician/gynecologists from eligibility for Board certification and recertification if they treated any male patients....more

Enforcement Action – FTC Is Not Backing Down and Laboratory Company Goes After a Cyber-Intelligence Company

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is not the only government arm that enforces data breaches. The Federal Trade Commission (FTC) has broad authority to regulate the security of...more

Mobile Medical Apps Guidance

Mobile health ("mHealth") application ("app") developers, manufacturers, investors, healthcare providers and others received welcome news late last month when the U.S. Food and Drug Administration ("FDA") published its...more

The Sunshine Act: Putting It into Practice – Interview with Karen Lovitch, Member, Mintz Levin [Video]

Attorney Karen Lovitch, Practice Leader of Mintz Levin's Health Law Practice, discusses the challenges facing pharmaceutical and medical device manufacturers in complying with the Sunshine Act....more

High court scales back antitrust exemption

This Daily Journal article analyzes the United States Supreme Court decision of Federal Trade Commission v. Phoebe Putney Health System, Inc, which held that a state's grant of general corporate powers to government entities...more

FTC v. Phoebe Putney Health System, Inc.: Supreme Court rules state law does not offer blanket protection from antitrust laws

The United States Supreme Court issued a decision limiting antitrust immunity for state-sanctioned conduct. The Court unanimiously overturned the Eleventh Circuit's ruling allowing Phoebe Putney Health System, Inc. to acquire...more

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

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

Calif. On Board As Health Care Antitrust Enforcer

Originally published in Law360, New York (September 27, 2012, 2:13 PM ET) California’s attorney general has recently launched a broad investigation into whether increasing consolidation among hospitals and physician...more

Renown Health-FTC Antitrust Agreement: Guidance for Hospitals Acquiring and Employing Physicians

Renown was represented in the agencies' investigation and the ensuing settlement negotiations by Ober/Kaler principal Bill Berlin, a member of the firm's Antitrust and Competition Group. On August 6, 2012, Renown...more

Healthcare Legal News - August 15, 2012 • Volume 2, Number 7

In This Issue: - Recent Cases Deal With Impact Of Termination Of Employed Physicians - Reimbursement News: Happy New Year!: Increase In Payments To Hospital Outpatient Departments and Ambulatory Surgical Centers -...more

No Change in Course on ACA Federal Antifraud and Transparency Provisions

Healthcare companies should work to comply with current provisions and prepare for those that will be implemented in the near future. The U.S. Supreme Court's decision that the Patient Protection and Affordable Care Act...more

FTC's Renewed Focus on Hospital Merger Enforcement Reflected in Appointment of Its First Deputy Director for Health Care and...

This note briefly analyzes the scholarly work of Leemore Dafny, who recently has been appointed as the FTC's first Deputy Director for Health Care and Antitrust, beginning August 1. A Harvard- and M.I.T.-educated economist,...more

Pennsylvania Attorney General Requires Merging Hospitals to Contract Separately with Payors in Settlement Agreement

In addition to the federal antitrust enforcement agencies, state attorneys general continue to take an active role in antitrust enforcement, especially in the health care industry. Last week, the Pennsylvania Attorney...more

Health Law Alert: Overview: Provider Mergers in Response to Health Care Reform and Changing Market Dynamics

In this edition of Health Law Alert, Ober|Kaler's Antitrust Group presents several articles addressing the recent wave of hospital and physician mergers, and the evaluation and treatment of those mergers by the Federal Trade...more

Essential Health Transaction Planning for Providers in Today’s Antitrust Enforcement Climate

Federal antitrust enforcement agencies continue to challenge transactions in the health industry that they view as anticompetitive. This newsletter provides an update on recent public comments by government officials...more

CMS Selects 27 ACOs

In another step toward implementation of Accountable Care Organizations (ACOs), on April 10, 2012, the Centers for Medicare & Medicaid Services (CMS) selected 27 ACOs in 18 states to participate in the Medicare Shared Savings...more

Healthcare Tops the Agenda of U.S. Antitrust Enforcers

Agencies promise close scrutiny of hospital mergers, reverse payment settlements, and REMS abuses. During a roundtable discussion featuring federal and state enforcers at the American Bar Association Section of...more

Department of Justice Requires Divestitures to Preserve Competition for Medicare Advantage Plans

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

Florida Court Rejects FTC’s Interpretation of Its Own Healthcare Advertising Requirements

The FTC requires that healthcare advertisements be substantiated with “competent and reliable scientific evidence.” What constitutes such evidence, however, is hotly debated. Not surprisingly, the FTC’s position is that...more

Health Care Legal News: February 14, 2012 • Volume 2, Number 2

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

2011—The Year In Review: Trends in Health Care Enforcement The First in a Continuing Series

Since President Obama formed the Health Care Fraud Prevention and Enforcement Action Team (“HEAT”) in May 2009, combating health care fraud has been a federal “cabinet-level priority.” ...more

Volume to Value: Strategies for Maximizing Your Margins

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

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