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Hospitals › Exclusive Dealing Agreements

Akerman LLP - Health Law Rx

Outpatient Surgery Center Avoids Dismissal of Antitrust Action Through an Assist from the DOJ

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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

Sheppard Mullin Richter & Hampton LLP

Exclusive Agreement Between Hospital and Insurance Plan Does Not Violate Section 1

Sheppard Mullin Richter & Hampton LLP on

The Seventh Circuit refused to revive an exclusive dealing claim by one hospital against its competitor because of an exclusivity agreement with an insurance plan. Judge Richard Posner wrote the short opinion strongly...more

Patterson Belknap Webb & Tyler LLP

Seventh Circuit Finds Exclusive Dealing in Hospital-Payer Case Pro Competitive

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“But what is more common than exclusive dealing?” Affirming summary judgment for defendant Saint Francis Medical Center, the Seventh Circuit recently held that the hospital’s contracts with health care insurers—though...more

Mintz

Seventh Circuit OKs Exclusive Network Agreements Between “Must-Have” Hospital and Health Insurers

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In an opinion written by Judge Posner, the Seventh Circuit on Friday gave its stamp of approval to a “must-have” hospital’s bargaining to exclude competitors from certain narrow-network payor contracts in and around Peoria,...more

Mintz

Big Summary Judgment Win for Hospital Defending $300M Exclusive Dealing Antitrust Suit

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After fending off a motion for judgment on the pleadings in March 2015, a small hospital in Peoria, Illinois lost on summary judgment in its $300 million antitrust suit alleging illegal exclusive dealing and attempted...more

Mintz

No Resuscitation of Hospital’s Exclusive Dealing Antitrust Suit against Competing Hospitals and Physicians

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The Third Circuit reminds, “[i]n antitrust suits, definitions matter.” Last week, in applying that maxim, the court affirmed a lower court’s dismissal of a suit filed by a hospital against a competing hospital and physician...more

Faegre Drinker Biddle & Reath LLP

Insurer Escapes Antitrust Suit, But Hospital Must Continue the Fight

Faegre Drinker Biddle & Reath LLP on

A large regional health insurer extricated itself from an antitrust suit, leaving the dominant local hospital to square off alone versus an ambulatory surgical center (ASC). The U.S. District Court for the Southern District...more

Mintz

Hospital Wins First Round Against Largest Rival in Antitrust Suit Alleging Illegal Exclusive Dealing Agreements with Insurers

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The waves of change affecting health care providers include reimbursement and funding developments, the impact of the Affordable Care Act, technological and medical advances, provider network design transformations imposed by...more

Tucker Arensberg, P.C.

Exclusive Contracts Raise Anti-Kickback Issues

Tucker Arensberg, P.C. on

A new OIG Advisory Opinion 13-15, the OIG has resurrected the issue of whether awarding exclusive contracts to hospital based providers involves remuneration in exchange for referrals, because it grants the opportunity for...more

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