Hospital Mergers

News & Analysis as of

Sixth Circuit: “Single-Network” Hospitals Not Exempt from Section One Scrutiny

On March 22, 2016, the U.S. Court of Appeals for the Sixth Circuit allowed a claim to proceed under § 1 of the Sherman Act against four hospitals acting as a single network under a joint operating agreement. Med. Center at...more

Pause in Feds v. W.Va. Hospital Merger Battle

On March 24 the Federal Trade Commission issued an order temporarily putting on hold its hearing on the Cabell Huntington Hospital’s proposed acquisition of St. Mary’s Medical Center and Pallottine Health Services....more

The FTC's Three Current Hospital Merger Challenges: Will the FTC Ever Lose?

Beginning with the Federal Trade Commission’s 2007 decision in Evanston Northwestern Healthcare Corp., holding that a hospital merger in the North Chicago suburbs violated the antitrust laws, the FTC has experienced...more

Health Update - March 2016

Liberating Data to Enable Healthcare Market Transparency: A Guide for Regulators and Policymakers - Editor's Note: We are on the cusp of a transparency revolution in which consumers will have the data and tools to make...more

State Bill Seeks to Shield Hospital Mergers From Antitrust Challenge

On March 12, the West Virginia legislature passed a bill that would exempt state healthcare providers from federal antitrust scrutiny when acting under the jurisdiction of the West Virginia Health Care Authority (Authority)....more

Six Trends Impacting Health Care M&A in 2016

From hospital expansions with large insurance deals to physician group consolidation, the continued outlook for health care mergers and acquisitions in 2016 is expected to be rampant. The following six factors will likely be...more

Private Equity Market Intelligence: Physician/Hospital Quarterly Report - Q4

Key Findings - ..ACA enrollment reached 11.3 million by the end of the third open enrollment period, surpassing HHS expectations. Three-quarters of the enrollees were from the 38 states that use the healthcare.gov...more

GAO Recommends Equalizing Payment for Evaluation & Management Visits

The Government Accountability Office (GAO) has issued a report examining trends in “vertical consolidation” — hospital acquisition of physician practices or hiring of physicians as salaried employees – and the impact on...more

Day One Notes – JP Morgan Healthcare Conference, San Francisco

Someone asked me last week what it was like to attend the JP Morgan Healthcare Conference in San Francisco, which started its annual run on January 11, 2016. Outside the conference hotel right now is the obligatory lunchtime...more

FTC and Pennsylvania Attorney General Challenge Health System Combination

The Federal Trade Commission (FTC) and Pennsylvania Attorney General (AG) have challenged the proposed combination of The Penn State Hershey Medical Center (Hershey) and PinnacleHealth System (Pinnacle) in Harrisburg,...more

The Managed Care Industry – 2015 Year in Review

As we start a new year, let’s take a look back at a few hot topics that emerged in the managed care industry in 2015 and will likely be drivers of developments in 2016. Industry Consolidation – The Changing Landscape...more

FTC and Pennsylvania Challenge Penn State Hershey’s Planned Merger with PinnacleHealth System

BNA has reported the planned merger of Penn State Hershey Medical Center with PinnacleHealth System will be challenged in federal court by federal and state officials. The Federal Trade Commission and Pennsylvania’s...more

A Return to Evanston: FTC Revisits Old Ground in Yet Another Hospital Merger Challenge

Last week, the Federal Trade Commission (“FTC” or “Commission”) authorized staff to file an administrative complaint and to seek in federal court a temporary restraining order and a preliminary injunction to block the...more

FTC Challenges Chicago-Area Health System Combination

The Federal Trade Commission (FTC) has issued an administrative complaint challenging the proposed combination of Advocate Health Care Network (Advocate) and NorthShore University Health System (NorthShore) in the Chicago...more

FTC and Pennsylvania Attorney General Challenge Health System Combination

The Federal Trade Commission (FTC) and Pennsylvania Attorney General (AG) have challenged the proposed combination of The Penn State Hershey Medical Center (Hershey) and PinnacleHealth System (Pinnacle) in Harrisburg,...more

Health Update - December 2015

Lessons from Hawaii's Trailblazing ACA 1332 Waiver Proposal - Editor's Note: On September 9, Hawaii became the first state to post a draft 1332 waiver proposal for public comment. While Hawaii's proposal focuses on the...more

Solomon Center Inaugural Conference Explores Implications of Healthcare Consolidation Under the Affordable Care Act

On November 13, the Solomon Center for Health Law and Policy at Yale Law School held its inaugural conference, "The New Healthcare Industry: Integration, Consolidation, Competition in the Wake of the Affordable Care Act." The...more

FTC Challenges Pennsylvania Hospital Merger

On December 8, 2015, the Federal Trade Commission (FTC) announced that it would seek to block Penn State Hershey Medical Center’s (Hershey) proposed merger with Pinnacle Health System (Pinnacle), alleging that the combination...more

FTC Alleges “Three-to-Two” Hospital Merger Will Reduce Competition

Last week the Federal Trade Commission (FTC) authorized an action to block a proposed hospital merger pending an administrative trial. According to the FTC, the merger of Penn State Hershey Medical Center (Hershey) and...more

Government Opposes Health Care Merger Between Penn State Hershey and PinnacleHealth Citing Potential for Reduced Competition and...

This week, the Federal Trade Commission (“FTC”) and the Pennsylvania Office of the Attorney General (“Attorney General”) publicly opposed the anticipated merger between Penn State Hershey Medical Center (“Penn State Hershey”)...more

Can Competition Produce Less for Creditors?

Working with distressed businesses always presents a wide array of challenges. Solving a distressed company’s problems, or your problems with it, rarely is limited to a single legal discipline, set of laws or state or federal...more

FTC Challenges Proposed Hospital Transaction in West Virginia: Assurance of Voluntary Compliance with State’s Attorney General Is...

On November 5, 2015, the Federal Trade Commission (“FTC”) issued an administrative complaint challenging the proposed acquisition of St. Mary’s Medical Center (“St. Mary’s”) by Cabell Huntington Hospital (“Cabell”). The...more

Promoting Antitrust Compliance – The Antitrust Division’s Subtle Shift Regarding Corporate Compliance: A Step Toward Incentivizing...

INTRODUCTION: A surprising feature of many corporate compliance programs is their limited emphasis on antitrust. Compliance efforts are a key feature of modern corporate governance initiatives, and it stands to reason...more

[Webinar] How to Survive the Attorney General Hospital Sale Approval Process - Oct. 21st, 9:00am PDT

California law requires nonprofit hospitals who want to sell, join a system, or cede control to another to provide an extensive written notice and seek the approval of the California Attorney General. This webinar will...more

Medicare GME payments and hospital mergers: A hotbed of issues

Many hospital sale and affiliation transactions involve teaching hospitals. Whether the teaching hospital involved is new to training residents or is part of a long-established teaching program, the parties will need to work...more

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