News & Analysis as of

Physician Hospital Organizations

Independent Medical Staff Denied Title VII Protection

by Tucker Arensberg, P.C. on

It has not been unusual for employed physicians to seek the protection provided to independent medical staff members through the due process procedures provided by medical staff by-laws. The case of Levitin and Chicago...more

[Webinar] PSST! Physician Strategies & Success Tools - Nov. 4th, 2:30pm EST

by Dickinson Wright on

Join us for an informative webinar to discuss: Healthcare Contracting -- Legal Issues and Practical Considerations Clinical Integration -- ACO's, Super Groups and Other Integration Structures Hospital...more

All or Nothing: Federal Court Decides Exclusion from ‘Some’ Patients Insufficient for Refusal to Deal Claim

by Faegre Baker Daniels on

A federal district court in the Eighth Circuit dismissed claims brought against a physician-hospital organization and an insurer alleging that the defendants violated federal antitrust laws by refusing to deal with certain...more

[Webinar] Health Care Antitrust Trends In 2015: What Is the Government Really Up To? - April 23rd, 12 pm

The Federal Trade Commission and the Department of Justice Antitrust Division continue to stake out an aggressive health care antitrust agenda — and they have “the wind at their backs.” In important recent decisions, two...more

The Enemy of My Enemy Is My Friend

by Faegre Baker Daniels on

We don’t normally think of American Hospital Association and the Federation of American Hospitals as friends. After all, the AHA represents nonprofits, while the FAH represents for-profits. ...more

CMS Grants First Waiver of Stark Law Expansion Restrictions—Are More Ahead?

Are changes to the landscape of physician hospital ownership ahead? The Affordable Care Act amended the federal Stark Law to eliminate the “whole hospital exception” that permitted self-referrals provided the referring...more

FTC's Success in St. Luke's Challenge Shows Litigation Risks to Merging Hospitals and Physicians

by Baker Ober Health Law on

In the first fully litigated challenge by the Federal Trade Commission (FTC) to a hospital acquisition of physician practices, a federal district court judge ruled that St. Luke’s Health System’s (St. Luke’s) acquisition of a...more

FTC Victory in Idaho Hospital-Physician Acquisition Case Should be a Wake-Up Call for Future and Past Deals

by BakerHostetler on

The ink is still drying on the Idaho federal district court’s order requiring St. Luke’s Health System (“St. Luke’s”) to unwind its acquisition of Saltzer Medical Group (“Saltzer”) – a for-profit, physician-owned,...more

Norman Physician Hospital Organization — Factors Supporting Clinical Integration

by McAfee & Taft on

Clinical integration is a somewhat imprecisely defined concept in the health care industry. Lawyers and health care executives have identified components and elements of clinical integration and frequently ask how many of...more

Discussions Among Physician Groups - Avoiding Antitrust Issues

by Burr & Forman on

Driven by Federal Health Care Reform and a desire to remain independent of hospitals and health care systems, physician groups are actively exploring different collaborative and alignment options, including the formation of...more

Hospital-Physician Mergers: Practical Issues and Steps to Minimize Antitrust Risk

by Baker Donelson on

Recently, hospitals have been actively acquiring primary care and specialty physician groups, resulting in the employment of those physicians. This trend has occurred largely in response to reimbursement changes and other...more

FTC's Norman PHO Advisory Opinion - New Clinical Integration Guidance, Same Antitrust Analysis

by Baker Donelson on

The Federal Trade Commission (FTC) provided its first guidance for clinically integrated networks since passage of the Affordable Care Act (ACA) and the joint FTC/DOJ Accountable Care Organization (ACO) Antitrust Policy...more

FTC Staff Issues Favorable Clinical Integration Advisory Opinion That It Does Not Intend to Challenge Proposed Formation of...

by King & Spalding on

On February 13, 2013, the FTC issued an advisory opinion letter that it did not plan to challenge the proposed creation of the Norman Physician Hospital Organization (“Norman PHO”)—which includes approximately 280...more

FTC Issues Another Favorable Clinical Integration Program Advisory Opinion

by McDermott Will & Emery on

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

FTC Issues First Clinical Integration Advisory Opinion Post-ACA

FTC staff advisory opinions are not issued all that frequently and advisory opinions regarding clinical integration are issued even less frequently. The latest advisory opinion, issued last week, is therefore noteworthy, not...more

FTC Issues Favorable Clinical Integration Advisory Opinion to Norman, Oklahoma PHO

by Mintz Levin on

Since the passage of the Affordable Care Act (ACA), much attention has been paid to the antitrust treatment of Accountable Care Organizations, provider ventures contemplated by the ACA that the Federal Trade Commission and...more

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