The Federal Trade Commission (“FTC”) has failed – at least for now – in its efforts to derail a merger between Thomas Jefferson University Health System and Albert Einstein Health System, two Philadelphia-area health systems....more
As healthcare providers around the country struggle to respond to patient needs during the Covid-19 crisis, many are reportedly struggling financially as well. In the past, this scenario has led to an increase in merger and...more
The terms of a settlement that resolved antitrust litigation between the State of California and Sutter Health, the largest health system in Northern California, have now become public, almost two months after the settlement...more
1/7/2020
/ Ambulatory Surgery Centers ,
Anti-Competitive ,
Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Compliance Monitoring ,
Contract Terms ,
Contracting Procedures ,
Corporate Structures ,
Enforcement Actions ,
Health Care Providers ,
Health Insurance ,
Healthcare Facilities ,
Insurance Contracts ,
Market Power ,
Restrictive Covenants ,
Settlement Agreements ,
Settlement Negotiations ,
Sutter Health
The Federal Trade Commission has issued orders to five health insurers and two health systems requiring them to provide information that will assist the FTC in studying the competitive effects of certificates of public...more
10/29/2019
/ Aetna ,
Anthem Insurance ,
Anti-Competitive ,
Antitrust Provisions ,
Basel Committee on Banking Supervision (BCBS) ,
Blue Cross ,
Blue Shield ,
Certificates of Public Advantage (COPAs) ,
CIGNA ,
Competition ,
Cooperative Agreements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Insurance ,
Investigations ,
Request For Information ,
United Healthcare Insurance Co.
The 8th Circuit Court of Appeals recently handed the Federal Trade Commission another appellate victory in its efforts to curtail anticompetitive mergers in the healthcare industry, affirming the FTC’s earlier District Court...more
A bill recently introduced in the Florida legislature (HB 1243) requires Florida hospitals and group physician practices contemplating mergers or acquisitions to provide advance notice of such transactions to the Florida...more
3/22/2019
/ Acquisition Agreements ,
Antitrust Provisions ,
Competition ,
Corporate Sales Transactions ,
Florida ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Legislative Agendas ,
Merger Agreements ,
Notice Requirements ,
Proposed Legislation ,
State and Local Government
In December, the U.S. Department of Health and Human Services issued a report – “Reforming America’s Healthcare System Through Choice and Competition” – expressly calling upon the states to repeal their “Certificate of Need”...more
2/14/2019
/ Ambulatory Surgery Centers ,
Assisted Living Facilities (ALFs) ,
Certificate of Need ,
Dedicated Emergency Departments ,
Federal Funding ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Reform ,
Hospitals ,
Inpatient Rehab Facilities ,
Legislative Agendas ,
Long Term Care Facilities ,
Proposed Legislation ,
Regulatory Agenda ,
Reviewability Determinations
The United States Department of Justice Antitrust Division announced on November 15 that it was settling its antitrust lawsuit against Atrium Health (formerly known as Carolinas Health System)....more
In the Matter of Your Therapy Source, LLC – is the most recent example of federal antitrust enforcers’ increasing interest in curtailing anticompetitive conduct in employee markets, which was first announced when the Federal...more
In a somewhat unexpected but highly significant move, United States District Judge David Procter (Northern District of Alabama), who is presiding over the In re Blue Cross Blue Shield Antitrust Litigation (Case No....more
6/20/2018
/ Antitrust Litigation ,
Antitrust Violations ,
Blue Cross ,
Blue Shield ,
Geographic Markets ,
Health Care Providers ,
Health Insurance ,
Interlocutory Appeals ,
Market Allocation Scheme ,
Multidistrict Litigation ,
Per Se Rule ,
Price-Fixing ,
Putative Class Actions ,
Sherman Act
The California Attorney General recently filed a precedent-setting antitrust action against Sutter Health, the largest health system in Northern California (People of the State of California v. Sutter Health, Case No....more
In 2012, Marion Healthcare, an outpatient surgery center in southern Illinois, commenced an antitrust action against Southern Illinois Healthcare (“SIH”), a multi-hospital system operating in the same market....more