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Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting and private funding are being scrutinized by the federal and state governments. Proper...more
On December 6, 2023, Senate Budget Committee Ranking Member Chuck Grassley (R-Iowa) and Chair Sheldon Whitehouse (D.-R.I.) announced a new bipartisan investigation into private equity ownership in hospitals—just ahead of a...more
On Sept. 21, 2023, the Federal Trade Commission (FTC) sued U.S. Anesthesia Partners, Inc. (USAP) and its private equity sponsor, Welsh, Carson, Anderson & Stowe, asserting they crafted a “multi-year anticompetitive scheme” to...more
The Illinois House of Representatives recently voted in favor of passingHB 2222 (“the Bill”), which, if enacted, would amend the Illinois Antitrust Act to add new reporting requirements for certain transactions, including...more
The DOJ is cracking down on anticompetitive activities- In connection with the Biden administration’s aims at promoting competition throughout the economy, the Department of Justice (“DOJ”) has started taking a more active...more
Nurse and health care professional staffing shortages during the COVID-19 pandemic resulted in a significant increase in the use of temporary health care professional staffing. Lawmakers and health care providers have urged...more
On June 13, 2022, the Federal Trade Commission (“FTC” or “the Commission”) announced a consent agreement resolving concerns with a private equity acquisition, incorporating novel prior notice and approval requirements...more
With the New Year comes new medical staff leaders and a new set of growing pains. Contrary to what many of us believe, some simple steps can lessen the pain. ...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
On June 13, 2019, Eighth Circuit Judge Steven M. Colloton wrote on behalf of a three-judge panel confirming a December 2017 injunction that prohibits Sanford Health and its subsidiary Sanford Bismarck from acquiring Mid...more
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
PinnacleHealth System and Penn State Hershey Medical Center have abandoned their merger plans following a Third Circuit defeat last month. The announcement underscores the uncertainty faced by hospitals considering...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
The FTC is urging the NY Legislature to withdraw a bill which would grant broad antitrust immunity to the Westchester and Erie County health care public benefit corporations. There is continuing scrutiny of state-sponsored...more