News & Analysis as of

Health Care Providers FTC Act

Proskauer Rose LLP

FTC Focus: Private Equity Investments In Healthcare

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U.S. antitrust regulators, particularly the Federal Trade Commission, have been stepping up scrutiny of private equity investments in healthcare. On March 5, the FTC, along with the U.S. Department of Justice and the U.S....more

Stevens & Lee

District Court Denies Most Recent FTC Attempt to Stop Novant/CHS Transaction

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We reported last week on the U.S. District Court’s denial of an FTC request for a preliminary injunction to block Novant Health’s “Novant) purchase of Lake Norman Regional Medical Center (LNR) and Davis Regional Psychiatric...more

Troutman Pepper

PE Firm Escapes FTC’s Challenge to Texas Anesthesiology Roll-Up

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A Texas federal court dismissed the Federal Trade Commission’s (FTC) lawsuit against private equity (PE) owner, Welsh, Carson, Anderson & Stowe (Welsh Carson), while allowing to proceed the agency’s challenge against U.S....more

Hinch Newman LLP

Whoa! U.S. Lawsuit Against Telehealth Providers and Executives Should Turn Heads

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On June 10, 2024, the U.S. Justice Department announced that together with the Federal Trade Commission, it filed an amended complaint against telehealth company Cerebral Inc., Cerebral’s founder and former Chief Executive...more

Holland & Knight LLP

Recent Ruling Shows Healthcare Private Equity Firms a Path Through the New Antitrust Era

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Private equity sponsors can exhale: A federal court recently stopped the Federal Trade Commission's (FTC) antitrust action that targeted private equity sponsor Welsh, Carson, Anderson & Stowe for the healthcare "roll-up"...more

Holland & Hart LLP

Avoiding HIPAA Penalties: A Checklist for Covered Entities

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The HIPAA Privacy, Security, and Breach Notification Rules apply to healthcare providers who engage in certain electronic transactions, healthcare clearinghouses, and health plans, including employee group health plans with...more

BakerHostetler

FTC Continues Focus on Disclosure of Health Information to Third-Party Technologies

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A recently announced settlement with online alcohol addiction treatment service Monument Inc. demonstrates the Federal Trade Commission’s (FTC) continued focus on the use and disclosure of health data. The proposed settlement...more

Parker Poe Adams & Bernstein LLP

How Maryland's New Noncompete and Conflicts of Interest Law Impacts Veterinarian Practices and Health Care Providers

On April 24, 2024, Maryland adopted a new law that expands Maryland’s restrictions on employee noncompetes and conflict of interest provisions with veterinarians, veterinarian technicians, and certain other licensed health...more

Holland & Knight LLP

Private Equity Firm Welsh Carson Dismissed from FTC Antitrust Action

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In Federal Trade Commission v. U.S. Anesthesia Partners, Inc. et al., a federal district court granted private equity firm Welsh, Carson, Anderson & Stowe's motion to dismiss it from the Federal Trade Commission's (FTC)...more

Manatt, Phelps & Phillips, LLP

[Webinar] The Impact of AI on Health Care Providers and Payors - June 12th, 10:00 am - 11:00 am PST

Artificial intelligence (AI) continues to proliferate throughout the health care industry. With each advance comes complex legal and policy questions. Join us for a live webinar to explore these questions—specifically...more

Hendershot Cowart P.C.

FTC Targeting Dietitians, Social Media Influencers Over Insufficient Disclosures

Hendershot Cowart P.C. on

The Federal Trade Commission (FTC) has been cracking down on social media influencers and dietitian creators related to endorsements and disclosures. It began last November, when the FTC sent warning letters to a dozen...more

Faegre Drinker Biddle & Reath LLP

So, What’s “Consumer Health Data,” Anyway?

The U.S. privacy landscape has changed rapidly over the past few years. But the most significant recent changes relate to “consumer health data” — health information about identified or identifiable consumers that falls...more

Holland & Knight LLP

FTC Sues Private Equity Firm, Portfolio Company Over Anesthesiology Roll-Up Strategy

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The Federal Trade Commission (FTC) on Sept. 21, 2023, sued a private equity firm in the U.S. District Court for the Southern District of Texas over an alleged decade-long "roll-up" strategy to consolidate anesthesiology...more

Stevens & Lee

FTC Sues Private Equity Firm and Anesthesia Group Alleging Unlawful Monopolization in Texas Market

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Yesterday, the Federal Trade Commission (“FTC”) filed suit in federal district court alleging that U.S. Anesthesia Partners, Inc. (“USAP”), and the private equity firm Welsh, Carson, Anderson & Stowe (“Welsh Carson”), which...more

King & Spalding

OCR and FTC Issue Letter to Hospital Systems and Telehealth Providers Emphasizing Privacy and Security Risks Related to Online...

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On July 20, 2023, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) and the Federal Trade Commission (FTC) sent a letter to approximately 130 hospital systems and telehealth providers warning that...more

Wiley Rein LLP

FTC and HHS Caution Hospitals and Telehealth Providers on Tracking Tech

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This month, the Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights sent letters warning about privacy and security risks related to online tracking technologies...more

Mintz - Privacy & Cybersecurity Viewpoints

OCR and FTC Issue Joint Statement Warning Health Care Providers and App Developers About Use of Third Party Online Tracking...

Covered entities, business associates, and any entities that collect health information about consumers online should carefully review the latest joint letter from the Office for Civil Rights (OCR) and the Federal Trade...more

Paul Hastings LLP

Finance in Five Minutes: Healthcare Finance Checkup

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While mergers and acquisitions, and attendant financings may not be at a blistering pace globally, the prognosis for deal activity in the healthcare sector remains healthy, in particular as the consolidation of providers, the...more

Orrick, Herrington & Sutcliffe LLP

FTC proposes changes to Health Breach Notification Rule

On May 18, the FTC issued a notice of proposed rulemaking (NPRM) and request for public comment on changes to its Health Breach Notification Rule (Rule), following a notice issued last September (covered by InfoBytes here)...more

Goodwin

Antitrust & Competition Healthcare Quarterly Update - Q1 2023

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Department of Justice Withdraws Long-Standing Antitrust Healthcare Policy Statements - On February 2, 2023, the Antitrust Division of the US Department of Justice (DOJ) announced the withdrawal of its support for three...more

Akerman LLP - Health Law Rx

The FTC Sends Another Warning to Digital Healthcare Platforms About Use of Tracking Pixels

The Federal Trade Commission (FTC) continues to prioritize the protection of consumers’ digital health information. The agency has demonstrated this commitment through enforcement actions against GoodRx and BetterHelp for...more

Akerman LLP - Health Law Rx

FTC Cracks Down on BetterHelp’s Sharing of Health Information for Advertising

Following its February settlement with GoodRx, the Federal Trade Commission (FTC) has fired another shot across the bow in its ongoing campaign to protect consumers’ digital health information. Earlier this month the FTC...more

WilmerHale

FTC Continues Enforcement Focus on the Use and Disclosure of Health Information for Advertising

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On Thursday, March 2, the FTC announced an enforcement action against BetterHelp, Inc., an online mental health counseling service, relating to claims that the company’s collection and use of consumer health data were unfair...more

Goodwin

Antitrust and Competition Healthcare Quarterly Update Q4 2022

Goodwin on

The Impact of the FTC’s Proposed Sweeping Ban on Non-Competes - On January 5, 2023, the United States Federal Trade Commission (FTC) proposed a new rule (the Proposed Rule) that would define an employer’s use of...more

Wyrick Robbins Yates & Ponton LLP

Not What the Doctor Ordered: GoodRx to Pay $1.5 Million in FTC’s First Enforcement of the Health Breach Notification Rule

The Federal Trade Commission earlier this month undertook an enforcement action against online pharmacy and telehealth provider GoodRx, in the latest example of the agency seriously pursuing its role as the nation’s de facto...more

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