The lazy, hazy days of summer are definitely not lazy or hazy when it comes to health planning in North Carolina. At this point in the year, the draft State Medical Facilities Plan (SMFP) has been published, and the summer...more
The FTC unveiled its long-awaited final rule banning most non-compete agreements during a live broadcast of a Commission meeting on April 23, 2024. The proposed rule, which was first announced in January 2023, underwent an...more
4/26/2024
/ Competition ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Healthcare ,
Healthcare Workers ,
Non-Compete Agreements ,
Notice Requirements ,
Restrictive Covenants
As we reported on July 7, the Federal Trade Commission, with the concurrence of the U.S. Department of Justice, released a Notice of Proposed Rulemaking (NPRM) to overhaul the Hart-Scott-Rodino (HSR) Act of 1976’s premerger...more
As we reported last month, the draft 2024 State Medical Facilities Plan (SMFP) was released on July 3, 2023. The SMFP is North Carolina’s key health planning document in which the State publishes need determinations for...more
With minimal fanfare on a quiet summer Friday afternoon, the Federal Trade Commission (FTC) did what many have been expecting it to do for several months: it officially withdrew from two healthcare antitrust enforcement...more
On June 27, 2023, the Federal Trade Commission (FTC), with the concurrence of the U.S. Department of Justice (USDOJ), released a 133-page Notice of Proposed Rulemaking (NPRM) seeking to overhaul the Hart-Scott-Rodino Act of...more
7/28/2023
/ Acquisition Agreements ,
Antitrust Provisions ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
NPRM ,
Premerger Notifications ,
Regulatory Agenda ,
Regulatory Reform
The North Carolina Department of Health and Human Services Division of Health Service Regulation (DHSR) has published the draft 2024 State Medical Facilities Plan (SMFP), which was developed by the State Health Coordinating...more
On April 18, 2023, Representative Caleb Rudow (D-Buncombe) introduced House Bill (HB) 737, entitled An Act Preserving Competition in Health Care by Regulating the Consolidation and Conveyance of Hospitals. If enacted, HB 737...more
4/27/2023
/ Certificates of Public Advantage (COPAs) ,
Competition ,
General Assembly ,
Health Care Providers ,
Healthcare ,
Healthcare Reform ,
Hospital Mergers ,
Hospitals ,
Industry Consolidation ,
Legislative Agendas ,
North Carolina ,
Proposed Legislation ,
Regulatory Agenda
On March 27, 2023, North Carolina Governor Roy Cooper signed House Bill 76, now known as Session Law 2023-7, into law. Also called “Access to Healthcare Options,” Session Law 2023-7 primarily aims to expand Medicaid....more
Non-compete provisions are facing a targeted attack from the Federal Trade Commission (“FTC”) in its latest proposed rule issued on January 5, 2023. The sweeping attack purports to supersede less-restrictive State laws and...more
1/12/2023
/ Comment Period ,
Competition ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Labor Reform ,
Non-Compete Agreements ,
Proposed Rules ,
Regulatory Agenda ,
Section 5 ,
Unfair Competition
The arrival of a new year in North Carolina brings a new State Medical Facilities Plan (“SMFP”). The SMFP is the annual planning document issued by the North Carolina Department of Health and Human Services, and signed by the...more
The arrival of a new year in North Carolina brings with it a new State Medical Facilities Plan (“SMFP”). The SMFP is the annual planning document issued by the North Carolina Department of Health and Human Services, and...more
The North Carolina Department of Health and Human Services Division of Health Service Regulation (“DHSR”) has published the draft 2023 State Medical Facilities Plan (“SMFP”), which was developed by the State Health...more
Governor Roy Cooper signed the 2022 North Carolina State Medical Facilities Plan (“SMFP”) on December 17, 2021. This SMFP became effective on January 1, 2022. The Governor has authority to modify the SMFP, but the 2022 SMFP...more
In recent months we have provided updates regarding the status of various legislative efforts to amend North Carolina’s certificate of need law (“CON Law”). One effort was successful: Session Law 2021-129 (Senate Bill 462)...more
On July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy,” (the “Order”) which aims to drive down prices for consumers, increase wages for workers, and promote innovation...more
As discussed in our April 12, 2021 blog post, North Carolina’s General Assembly continues its bid to chip away at North Carolina’s certificate of need (“CON”) law. Along with the previous five bills filed since March,...more
In four different bills introduced over the last month, North Carolina’s General Assembly is once again proposing changes to North Carolina’s certificate of need (“CON”) law, first enacted in 1971. This law extensively...more
By approval of Governor Roy Cooper, effective April 30, 2020, Chapter 3 of the 2020 North Carolina State Medical Facilities Plan, the review schedule for August through December for certain applicable need determinations, has...more
The Certificate of Need Process -
The Healthcare Planning and Certificate of Need Section of the Division of Health Service Regulation of the North Carolina Department of Health and Human Services (the “Agency”) recently...more