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Georgia Department of Community Health Ruling Jeopardizes FTC Action Against Phoebe Putney Health System, Inc.

On October 6, Ellwood F. Oakley III, an administrative hearing officer at Georgia’s Department of Community Health, reversed an initial staff determination that a new Certificate of Need (CON) would not be required if Phoebe...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

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

Mississippi CON Report - October 8, 2012

In This Issue: - I. September 27, 2012 - Mississippi Certificate of Need Meeting - II. Certificate of Need Program Report – Filings/Reports Since August 2012 CON Meeting - Excerpt from II. Certificate of Need...more

SB 804 Requires California Local Health Care Districts To Obtain Fair Market Value Appraisals In Certain Asset Transfers

New amendments to California’s local health care district law require districts to obtain a fair market value appraisal if the district transfers fifty percent or more of its assets (in sum or by increment) to one or more...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

Mississippi CON Report - August 6, 2012

In This Issue: - I. July 26, 2012 - Mississippi Certificate of Need Meeting - II. Certificate of Need Program Report – Filings/Reports Since June 2012 CON Meeting Excerpt from II. Certificate of Need Program...more

Mississippi CON Report - July 20, 2012

In This Update: - I. June 28, 2012 - Mississippi Certificate Of Need Meeting - II. July 11, 2012 – Board Meeting of the Mississippi State Board of Health - III. Certificate Of Need Program Report –...more

Alabama CON Review Board Update - July 18, 2012

In This Issue: - I. CERTIFICATE OF NEED PROGRAM - II. For Informational Purposes Only: Reviewability Determinations and Pending Reviewability Determinations - III. OLD BUSINESS Excerpt from Certificate of Need...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

Mississippi CON Report - June 1, 2012

In This Issue: - I. May 31, 2012 - Mississippi Certificate Of Need Meeting The May Certificate of Need meeting was held on May 31, 2012. The next Certificate of Need meeting will be held June 28, 2012... - II....more

MIssissippi CON Report - June 1, 2012

Bradley Arant Boult Cummings LLP's Mississippi CON Report dated June 1, 2012, and including activities by and filings with the Mississippi State Department of Health's Office of Health Planning and Policy is provided for the...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

Sellers Prepare: Health Care Due Diligence

Originally published in Law360, New York (May 18, 2012, 4:38 PM ET) Health care transactions present unique due diligence challenges. The buyer must evaluate the seller’s compliance policies and procedures, arrangements...more

Alabama CON Review Board Update - May 2012

Bradley Arant Boult Cummings LLP presents its May 2012 Alabama CON Review Board Update, prepared for the firm’s health care clients and other interested parties. The firm’s Certificate of Need practice utilizes a...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

Mississippi CON Report -- May 1, 2012

Bradley Arant Boult Cummings LLP's Mississippi CON Report dated May 1, 2012 and including activities by and filings with the Mississippi State Department of Health's Office of Health Planning and Policy is provided for the...more

Alabama CON Review Board Update

Bradley Arant Boult Cummings LLP introduces its Alabama CON Review Board Update, prepared for the firm’s health care clients and other interested parties. The firm’s Certificate of Need practice involves a cross-disciplinary...more

Critical Real Estate Considerations in Health Care Transactions - Leases

This is Part II of Critical Real Estate Considerations in Health Care Transactions. Part I can be found here. Real estate leases are critical components of health care operations and are often key considerations in...more

Mississippi CON Report -- April 13, 2012

In This Report: I. March 29, 2012 - Mississippi Certificate Of Need Meeting Dr. Mary Currier, State Health Officer, concurred with the Health Policy & Planning staff analyses and approved the following applications for...more

Tennessee Health Care CON Update -- April 5, 2012

The Tennessee Health Services and Development Agency (“HSDA”) is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need (“CON”) is a permit for the...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

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