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 review of the 11th Circuit’s decision in Federal Trade Commission v. Phoebe Putney Health System. This case involves the FTC’s failed attempt to enjoin the merger of two southwest Georgia hospitals – Phoebe Putney and Palmyra Medical Center – on competitive grounds, and raises significant antitrust immunity issues...

- IMPACT OF THE SUPREME COURT’S DECISION ON HEALTHCARE INFORMATION TECHNOLOGY By Tatiana Melnik -

On June 28, 2012, the United States Supreme Court ruled on the constitutionality of the Patient Protection and Affordable Care Act of 2010 (ACA) when it decided National Federation of Independent Business v. Sebelius. The case focused on two issues: (i) the individual mandate, which requires that all U.S. citizens or legal residents have health insurance or pay a penalty, and (ii) the Medicaid expansion, which provides for additional funding of the expansion of state sponsored Medicaid programs using federal matching funds if the expanded programs meet certain requirements....

- INTERNAL REVENUE SERVICE ISSUES PROPOSED REGULATIONS FOR TAX-EXEMPT HOSPITALS By John T. Schuring -

The Internal Revenue Service (IRS) and the Treasury Department recently proposed regulations that will affect charitable hospital organizations. The Patient Protection and Affordable Care Act (ACA) added §501(r) to the Internal Revenue Code, which imposes certain requirements for tax-exempt hospitals to obtain and retain their tax-exempt status. Under this provision, for example, hospital organizations must conduct a community health needs assessment at least once every three years and adopt an implementation program to meet the identified needs....

- NAMING YOUR BUSINESS OR PRODUCT: WHAT YOU DON’T KNOW CAN GET YOU SUED By John C. Blattner -

When UnitedHealth Group Incorporated of Minnesota selected “UnitedHealthOne” as the umbrella brand for its individual health insurance policies, it almost certainly did not anticipate being dragged into an expensive trademark infringement lawsuit....