The FTC and DOJ’s proposed revised merger guidelines signal the Biden administration’s continued aggressive antitrust enforcement stance even as healthcare industry participants continue to seek to overcome the effects of...more
8/2/2023
/ Acquisition Agreements ,
Acquisitions ,
Antitrust Provisions ,
Biden Administration ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare Facilities ,
Hospital Mergers ,
Hospitals ,
Merger Agreements ,
Merger Controls ,
Mergers ,
Physicians ,
Webinars
The federal antitrust enforcement agencies brought three hospital merger challenges and three criminal antitrust enforcement actions in healthcare in the past year. Combined with the incoming Democratic administration,...more
With COVID-19 applying financial pressures on hospitals and health systems of all sizes and geographic reach, the road to recovery presents a variety of challenges. However, the need to restructure and address financial and...more
5/26/2020
/ Best Practices ,
Business Development ,
Business Opportunities ,
Business Strategies ,
Capital Markets ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Debt Restructuring ,
Economic Downturn ,
Financial Distress ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Insolvency ,
Physicians ,
Webinars
Hospitals and health systems are facing consumer demand for innovation, the need to expand and enhance streams of revenue and the push for improved quality, all while navigating changing regulations, federal enforcement,...more
2/6/2020
/ Antitrust Litigation ,
Centers for Medicare & Medicaid Services (CMS) ,
CMIA ,
Cyber Attacks ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hospitals ,
Medicare ,
No-Poaching ,
OCR ,
Popular ,
Ransomware
California Attorney General Xavier Becerra (AG Becerra) announced on Friday, December 20, 2019, the terms of a comprehensive settlement agreement reached with Sutter Health (Sutter), the largest hospital system in Northern...more
1/16/2020
/ Abuse of Dominance ,
Anti-Competitive ,
Antitrust Litigation ,
Antitrust Violations ,
Cartwright Act ,
Case Consolidation ,
Civil Monetary Penalty ,
Class Action ,
Disgorgement ,
Employer Group Health Plans ,
Final Judgment ,
Health Care Providers ,
Hospitals ,
Monopolization ,
Private Right of Action ,
Qualified Health Plans ,
Settlement Agreements ,
State Attorneys General ,
Sutter Health ,
United Food and Commercial Workers Union
According to a new report by the Health Care Cost Institute, nearly three-quarters of 112 metropolitan areas across 43 states have “highly concentrated” hospital markets—showing a rise of such areas from 67% in 2012 to 72% in...more
10/28/2019
/ Acquisitions ,
Anti-Competitive ,
Antitrust Provisions ,
Competition ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Hospital Mergers ,
Hospitals ,
Merger Reviews ,
Physicians ,
Regulatory Oversight ,
State Attorneys General ,
Webinars
At both the state and federal level, antitrust enforcement agencies continue to pursue successful challenges to physician practice transactions. This article summarizes two recent enforcement actions, as well as a new state...more
6/21/2019
/ Acquisitions ,
Acute Facilities ,
Anti-Competitive ,
Appeals ,
Blocked Mergers ,
Civil Monetary Penalty ,
Consent Decrees ,
Consumer Protection Act ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Horizontal Merger Guidelines ,
Hospitals ,
New Legislation ,
Notification Requirements ,
Physicians ,
Preliminary Injunctions ,
Price-Fixing ,
Purchase Agreement ,
Reporting Requirements ,
Section 7 ,
Service Agreements ,
Settlement Agreements ,
Sherman Act ,
Size of Transaction Test ,
State Attorneys General ,
The Clayton Act
A recent decision by the US Court of Appeals for the Sixth Circuit is important for competitors involved in joint ventures because it states what mode of antitrust analysis—the per se rule or the rule of reason—applies to the...more
5/23/2019
/ Anticompetitive Behavior ,
Antitrust Violations ,
Competition ,
Conspiracies ,
Hospitals ,
Joint Operating Agreement ,
Joint Venture ,
Managed Care Contracts ,
Per Se Rule ,
Single Entity Rule ,
Summary Judgment
On October 31, 2016, the US Court of Appeals for the Seventh Circuit handed another important victory to the Federal Trade Commission (FTC) and the State of Illinois in a hospital merger case in Chicago, Illinois. This...more
On September 27, 2016, the US Court of Appeals for the Third Circuit handed an important victory to the Federal Trade Commission and the Commonwealth of Pennsylvania in a closely watched hospital merger case. The decision...more
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
On June 4, 2015, the Centers for Medicare & Medicaid Services (CMS) released a final rule (Final Rule) containing changes to its Medicare Shared Savings Program (MSSP). Some of the changes codify informal guidance that the...more
6/12/2015
/ ACOs ,
Board of Directors ,
Centers for Medicare & Medicaid Services (CMS) ,
Choice of Entity ,
Compliance ,
Fiduciary Duty ,
Final Rules ,
Hospitals ,
IRS ,
Legal Entities ,
Medicaid ,
Medicare ,
Medicare Shared Savings Program ,
Nonprofits ,
Parent Corporation ,
Participation Agreements ,
Subsidiaries
The Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) held a public workshop on February 24–25, 2015, to examine recent trends and developments in health care provider...more
3/3/2015
/ ACOs ,
Acquisitions ,
Affordable Care Act ,
Antitrust Division ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Insurance ,
Health Insurance Exchanges ,
Healthcare ,
Hospitals ,
Mergers
The U.S. Court of Appeals for the Ninth Circuit affirmed an Idaho federal district court’s decision ordering the divestiture of a physician practice group that had been acquired by a competing health system. The case, which...more