1. More Vertical Deals -
Given the track record of merger antitrust enforcement since 2007, parties seeking to combine entities at the same level of the healthcare supply chain have faced an increasingly difficult...more
On November 15, 2018, the Antitrust Division of the Department of Justice (DOJ) announced that it had settled its suit against Atrium Health over the imposition of “anti-steering” and “anti-transparency” restrictions in...more
A recent Third Circuit decision highlights the potential pitfalls of policy-setting by associations made up of competing entities. Last month, the Third Circuit reversed the dismissal of a medical device maker’s claims that...more
On June 25, 2018, the Supreme Court held that American Express Co.’s “non-discrimination” rules that prevented merchants from steering customers to other credit card brands do not violate the federal antitrust laws....more
On May 17–18, 2018, the American Bar Association (ABA) and American Health Lawyers Association (AHLA) hosted their biannual Antitrust in Healthcare Conference in Arlington, Virginia. The conference featured programs on a...more
When does an insurer’s hard-core negotiation strategy cross the line and become an antitrust violation? The District Court of Rhode Island considered this question in denying a summary judgment motion in an antitrust case...more
Connecting Justice-Involved Populations to Health Coverage and Care -
Editor’s Note: The importance of connecting justice-involved populations to health coverage and care is evident from the high levels of physical and...more
Physicians’ Employment Agreements Raise Antitrust Concerns -
Earlier this month, a physician group sued a healthcare system in North Carolina state court, accusing it of monopolization by including overly restrictive...more
Introduction -
The federal antitrust agencies are continuing to focus on anticompetitive practices by healthcare companies, most recently in the dental industry. Last month, the Federal Trade Commission (FTC) sued three...more
Hospitals and Health Systems Prepare for a Value-Based Future -
Editor’s Note: Hospitals and health systems are actively working to service their communities in numerous ways, including through the adoption of initiatives...more
2/22/2018
/ Antitrust Division ,
Cost-Sharing ,
False Claims Act (FCA) ,
Hospitals ,
Information Sharing ,
Medicare ,
Medicare Part D ,
No-Poaching ,
Opioid ,
Pharmaceutical Industry ,
Physicians ,
Substance Abuse ,
Universal Health Services Inc v United States ex rel Escobar
On December 14, 2017, the Federal Communications Commission (FCC) passed the Restoring Internet Freedom Order (RIFO), repealing the FCC’s 2015 “net neutrality” rules and shifting the responsibility for regulating the conduct...more
With the Federal Trade Commission’s successful track record in challenging mergers of provider systems operating in the same geographic area, several hospitals are looking farther afield for merger partners. One recent...more
Fraud and Abuse 2017: Understanding Trends and Avoiding Actions -
Editor’s Note: In a recent webinar for Bloomberg BNA, Manatt examined game-changing fraud and abuse trends and cases—and revealed strategies for avoiding...more
11/27/2017
/ Affordable Care Act ,
Anti-Kickback Statute ,
Antitrust Division ,
Caronia ,
Centers for Medicare & Medicaid Services (CMS) ,
Digital Health ,
False Claims Act (FCA) ,
Food and Drug Administration (FDA) ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Healthcare Fraud ,
Hospitals ,
Opioid ,
REMS ,
Universal Health Services Inc v United States ex rel Escobar
The “failing firm” defense as a justification for permitting a merger that may otherwise lessen competition gets considerable play in healthcare transactions. Perilous hospital economics—often brought on by low Medicare and...more
Confirming that hospital merger enforcement continues to be a priority under the new administration, the Federal Trade Commission (FTC) and the North Dakota Attorney General recently challenged Sanford Health’s proposed...more
Contracting With Technology Vendors: Obligations and Compliance Strategies -
Editor’s Note: In a recent webinar, Manatt Health examined how to protect privacy when communicating in the digital age. The session revealed how...more
7/25/2017
/ Antitrust Division ,
Business Associates ,
Centers for Medicare & Medicaid Services (CMS) ,
Digital Health ,
Employee Retirement Income Security Act (ERISA) ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Health Insurance ,
Medicare ,
Mergers ,
Physician Fee Schedule ,
Spokeo v Robins ,
Vendors
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