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Nonprofits Antitrust & Trade Regulation

Read need-to-know updates, commentary, and analysis on Nonprofits issues written by leading professionals.

FTC Advisory Opinion Says Hospital’s Proposed Prescription Program for Affiliated Entity Employees is Exempt from Robinson-Patman...

by Foley & Lardner LLP on

On November 7, 2017, the Federal Trade Commission (FTC) released an advisory opinion confirming that a non-profit hospital in New York may sell discounted prescription drugs to the employees of an affiliated medical practice...more

Developments in Association Law, 2016 – 2017

There have been important legal developments at the federal and state levels for nonprofit organizations. - Takeaways - Nonprofits continue to experience Federal government and private litigant antitrust enforcement....more

Nonprofits: Beware of Antitrust Troubles

On June 12, 2017, the U.S. District Court for the District of New Jersey denied a motion to dismiss a class action against the American Osteopathic Association (AOA) in Talone v. American Osteopathic Association (No....more

FTC Oversight May Be Extended To Include Charities

We have recently written about the increasing importance of cybersecurity as an aspect of risk management for nonprofits in light of the proliferation of data security breaches across different sectors. A bill recently...more

[Webinar] How to Survive the Attorney General Hospital Sale Approval Process - Oct. 21st, 9:00am PDT

by Davis Wright Tremaine LLP on

California law requires nonprofit hospitals who want to sell, join a system, or cede control to another to provide an extensive written notice and seek the approval of the California Attorney General. This webinar will...more

Regulators' Actions Against Charities that Swindled $187 Million from Donors Serve as Compliance Reminder

by Polsinelli on

On May 18, 2015, the Federal Trade Commission (FTC) and 58 agencies from all 50 states and the District of Columbia filed a complaint charging four cancer charities and the individuals controlling them with allegedly...more

Antitrust “State Action” Exemption: North Carolina State Board of Dental Examiners v. Federal Trade Commission

On February 25, 2015, the U.S. Supreme Court issued its decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, holding that a regulatory board made up of market participants is exempt from...more

Ninth Circuit and Massachusetts Superior Court Release Important Antitrust Decisions

by Robinson & Cole LLP on

The Ninth Circuit Court of Appeals and a Massachusetts Superior Court each recently released decisions dealing with alleged violations of antitrust prohibitions that implicate a number of important issues surrounding health...more

Cooperative Hospital Service Organizations: A Hospital Joint Venture Option

by Foley & Lardner LLP on

Cooperative Hospital Service Organizations (CHSOs) are organizations that are available for hospitals considering certain types of joint ventures with other hospitals. If the terms for their use strictly meet the regulatory...more

Senate Bill No. 35: An Act Concerning Notice of Acquisitions, Joint Ventures and Affiliations of Group Medical Practices

by Pullman & Comley, LLC on

At the end of the Connecticut General Assembly’s 2014 Regular Session, "An Act Concerning Notice of Acquisitions, Joint Ventures and Affiliations of Group Medical Practices" (the "Act") was passed and is awaiting the...more

So, You Want to Share Your Technical Cyber Threat Information with Your Neighbors?

by BakerHostetler on

Echoing guidance previously given to a nonprofit organization looking to exchange certain cybersecurity information, including exchanging actual real-time cyber threat and attack information, and others planning to exchange...more

Revisiting the Medicare Shared Savings Program: An Interagency Effort to Promote Accountable Care

by Epstein Becker & Green on

On October 20, 2011, the Centers for Medicare & Medicaid Services (“CMS”) released its final rule (“Final Rule”) implementing the voluntary Medicare Shared Savings Program (“Program”)1 for accountable care organizations...more

At The PCAOB, They Give No Words But “Mum”

by Allen Matkins on

In March, the Public Company Accounting Oversight Board issued its first public research note. Entitled “Activity Summary and Audit Implications for Reverse Mergers Involving Companies from the China Region (January 1, 2007...more

ACO Update: CMS Proposal Provides Framework for ACO and Shared Savings Program Rules

by Baker Donelson on

This is part of Ober|Kaler's comprehensive overview of federal agencies' implementation of the Accountable Care Act's ACO and Shared Savings Program provisions: CMS Proposed ACO Implementing Regulations; Antitrust; Fraud and...more

Steel Company to Pay $120,000 to Resolve Alleged Hazardous Chemical Reporting Violations

by Dave Scriven-Young on

Article on the settlement of a federal enforcement action alleging hazardous chemical reporting violations against a Melrose Park steel company. This article was written by Dave Scriven-Young, an attorney with Peckar &...more

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