Insurance, Antitrust & Trade Regulation, Health Law

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

by Jonathan Lewis, Lee Simowitz | BakerHostetler on 5/14/2013

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

by James M. Burns | Dickinson Wright on 5/2/2013

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

by W. Stephen Smith | Morrison & Foerster LLP on 4/3/2013

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...

by Jonathan Lewis, Lee Simowitz | BakerHostetler on 3/27/2013

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

by James M. Burns | Dickinson Wright on 3/5/2013

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

by Ashley Fischer | McDermott Will & Emery on 2/20/2013

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

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

by Jonathan Lewis | BakerHostetler on 1/29/2013

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

by James M. Burns | Dickinson Wright on 1/4/2013

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

by Nicola Carmine Salerno on 11/30/2012

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

by Dickinson Wright on 11/1/2012

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

by Dickinson Wright on 9/5/2012

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

by Konstantin Linnik, JD, PhD on 8/24/2012

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

by Dickinson Wright on 8/16/2012

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

by Morgan Lewis on 8/1/2012

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

Health Care Legal News - July 12, 2012 • Volume 2, Number 6

by Dickinson Wright on 7/17/2012

In This Issue: - SUPREME COURT TO HEAR FTC CHALLENGE TO GEORGIA HOSPITAL MERGER By: James M. Burns - On June 25, the United States Supreme Court granted a request by the Federal Trade Commission (FTC) for...more

Insurance Antitrust Legal News - July 2012 • Volume 1, Number 2

by Dickinson Wright on 7/3/2012

In This Issue: - Title Insurers Gain Big Antitrust Vict ory in the Third Circuit by James M. Burns - On June 14, the title insurance industry received good news from the Third Circuit Court of Appeals, as the court...more

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

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Insurance › Antitrust & Trade Regulation › Health Law