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Healthcare State Action Immunity

Troutman Pepper

Texas Medical Board Loses Bid for State Action Immunity

Troutman Pepper on

The Teladoc decision reinforces that state boards that are composed of market participants need to reassess how they are supervised if they seek shelter from antitrust scrutiny under the state action doctrine....more

Sheppard Mullin Richter & Hampton LLP

Regulatory Capture Vitiates State Action Immunity

The Supreme Court has ruled that when an oversight mechanism created by a State —here a State Board — is under the control of those it was supposed to be regulating (sometimes referred to by economists as “regulatory...more

Sheppard Mullin Richter & Hampton LLP

State Regulatory Scheme Offering Antitrust Immunity to Healthcare Collaborations Creates Tension Between Federal and State...

On April 22, 2015, the Federal Trade Commission submitted a public letter to the New York State Department of Health (DOH) expressing “strong concerns” over state regulations offering to provide antitrust immunity to certain...more

Epstein Becker & Green

No State Action Antitrust Immunity for North Carolina Dental Board: Implications for the Health Care Sector

Epstein Becker & Green on

On February 25, 2015, the Supreme Court of the United States held that the North Carolina Dental Board (“Board”) was not insulated from federal antitrust liability under the so-called “state action” doctrine when it engaged...more

McDermott Will & Emery

New York State Publishes Draft Certificate of Public Advantage Regulations

McDermott Will & Emery on

The New York Department of Health recently published a proposed regulation that lays out the rules governing the issuance of certificates of public advantage for health care collaborations within the state....more

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