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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

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

Sixth Circuit Limits Scope of Disgorgement Provision in E&O Policy

In a cutting-edge decision, the federal 6th Circuit Court of Appeals has ruled that an exclusion barring coverage for an insured’s liability for “disgorgement” of “remuneration” or “advantage” is limited to “acquiring” funds...more

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

2013 – The Health Law Year in Review

As 2013 draws to a close, we are pleased to look back on the year that was and highlight some of the key developments in the ever-changing field of health law. While a great deal of attention was focused on the implementation...more

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

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

Interagency Initiative Targets Consumer Fraud in the ACA Exchange Marketplace

Yesterday, the Attorney General, the Secretary of the Department of Health and Human Services (HHS), and the Chairwoman of the Federal Trade Commission (FTC) announced an interagency initiative to prevent consumer fraud and...more

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

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

Health Care E-Note - June 19,2013

In This Issue: - FTC Hospital Merger Investigation Highlights Cost of Health Care - Survey Finds Doctors Warming to Health Information Exchanges - Health Insurance Markets Seeing More Competition from New...more

NC Governor Signs Law Banning Most Favored Nations Provisions in Health Care Contracts

Despite opposition and Blue Cross Blue Shield of North Carolina’s claim that it “has not used ‘most favored nation’ clauses in [its] new contracts and in fact [they are] not part of our strategy to use those clauses on...more

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

When Most-Favored Is Disfavored: A Counselor’s Guide to MFNs

Originally published in the American Bar Association on April 1, 2013. The U.S. Antitrust Agencies Have turned the spotlight on most-favored-nation (MFN) clauses. The Department of Justice is currently litigating two...more

Do Not Pass Go, Do Not Collect $200: Michigan Statute and Regulatory Order Banning MFN Provisions in Provider Contracts Ends...

In the wake of the passage of a Michigan statute and regulatory order banning the use of most favored nation (“MFN”) clauses by insurers, health maintenance organizations, and nonprofit health care corporations in contracts...more

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

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

Clinically Integrated Networks; The PHOs of the Twenty-First Century?

In This Presentation: - Why Clinically Integrated Networks (CINs) Are Needed? - How Are CINs Similar to PHOs/How They Differ? - What’s In It for Physicians/for Hospitals/Others? - How Are CINs Organized and...more

When Will They Learn? Doctors Continue to Face Antitrust Charges for Jointly Negotiating Contracts without Clinical or Financial...

Legitimate joint marketing and selling arrangements have the potential to produce efficiencies. This is particularly so, for example, where the arrangement enables the participants to make or market products that they could...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

La Governance della Spesa Farmaceutica H

Quadro macrofinanziario Analisi della normativa e dell'impianto regolatorio Proposte di riforma Aggiornato a Dicembre 2012...more

Insurance Antitrust Legal News - November 2012 • Volume 1, Number 4

In This Issue: - DOJ and FTC Hold Public Workshop to Consider the Antitrust Issues Raised by “Most Favored Nation Clauses” in Health Insurance Contracts by James M. Burns: On September 10, the Federal Trade...more

Insurance Antitrust Legal News - September 2012 • Volume 1, Number 3

In This Issue: - 6th Circuit Holds McCarran-Ferguson Act Bars Antitrust Claims against Title Insurers by James M. Burns: On July 17, the Sixth Circuit Court of Appeals issued its long awaited decision in Katz v....more

PPACA: What’s Next For Life Sciences Companies

Law360, New York (August 24, 2012, 12:57 PM ET) -- Life sciences companies breathed a sigh of relief when the U.S. Supreme Court largely upheld the Patient Protection and Affordable Care Act (PPACA). After all, the PPACA will...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

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