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Hospitals Hart-Scott-Rodino Act

ArentFox Schiff

Fast Five: Important Law and Policy Updates for US Health Care Transactions

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With the end of the first quarter of 2024, we highlight five developments, changes, or challenges that health systems, hospitals, nursing homes, clinics, physician practices, health insurers, and other health care providers,...more

Latham & Watkins LLP

US State Regulatory Spotlight on Healthcare Transactions

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Growing state-level oversight of M&A and other strategic transactions for healthcare provider businesses will impact growth strategies across major markets. The volume of healthcare services transactions in the United...more

Venable LLP

FTC Set to Reshape HSR Premerger Notification Process

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Merger control in the United States is on the cusp of significant change as the Federal Trade Commission, in collaboration with the Department of Justice, prepares to finalize a proposed rule—first announced in June—that will...more

BakerHostetler

UPDATE: Are Hospital Acquisitions with COPA Authorization Exempt from HSR Premerger Notification?

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In my earlier post in the Antitrust Advocate Blog, I noted recent setbacks that the Federal Trade Commission has experienced with respect to its regulatory authority. I then asked whether the FTC would suffer another...more

Holland & Knight LLP

State Action Immunity Trumps Federal Pre-Merger Notification Requirements

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The U.S. District Court for the Eastern District of Louisiana on Sept. 27, 2023, granted summary judgment against the Federal Trade Commission (FTC) in its challenge to the acquisition of three hospitals in Louisiana pursuant...more

Stevens & Lee

Louisiana’s COPA Exempts Hospital Acquisitions from Federal Antitrust Laws

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As explained in prior posts, the Federal Trade Commission (“FTC”) filed suit in April of this year in Federal District Court for the District of Columbia seeking to enjoin Louisiana Children’s Medical Center (“LCMC”) from...more

Arnall Golden Gregory LLP

Illinois Legislature Passes Bill to Increase Healthcare Transaction Oversight

The Illinois Legislature recently passed HB2222, new antitrust legislation that will require advance notice to the attorney general for “covered transactions” between healthcare facilities and healthcare provider entities. If...more

McGuireWoods LLP

Minnesota Also Adopts Mandatory Reporting of Healthcare Transactions; Illinois Poised to Follow

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On May 26, 2023, Minnesota Gov. Tim Walz signed legislation requiring pre-close notification for qualifying healthcare transactions, making Minnesota the latest in a rapidly growing number of states with such requirements....more

BakerHostetler

Are Hospital Acquisitions with COPA Authorization Exempt from HSR Pre-Merger Notification?

BakerHostetler on

The Federal Trade Commission (FTC or the Commission) has experienced multiple recent setbacks with respect to its regulatory authority. Now a new dispute raises questions about whether hospital acquisitions with Certificate...more

Stevens & Lee

FTC Sues to Compel State-Approved Hospital Acquisitions to Comply with Hart-Scott-Rodino Act Requirements

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Last Thursday, the Federal Trade Commission (“FTC”) took the step of filing suit in federal court asserting that parties to a hospital acquisition who had obtained a Certificate of Public Advantage (“COPA”) from their state...more

McDermott Will & Emery

Heard at the 2023 Spring Meeting: Part 1

The American Bar Association’s Antitrust Law Section recently held its annual Spring Meeting in Washington, DC, featuring updates from federal, state, and international antitrust enforcers and in-depth commentary on leading...more

Williams Mullen

North Carolina Bill Would Increase Scrutiny of Hospital Mergers

Williams Mullen on

A bill was recently introduced in the North Carolina Senate (S.B. 16) that would greatly increase the scrutiny of any proposed hospital merger in the State. If enacted into law, the bill would require express North Carolina...more

Dorsey & Whitney LLP

American Health Law Association 2022 Health Care Transaction Conference

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After a 2-year hiatus, health care transactional attorneys and related industry professionals descended upon Nashville, TN April 25th - 27th for the 2022 American Health Law Association (“AHLA”) Health Care Transactions...more

Epstein Becker & Green

Hospital Transactions Subject to Hart-Scott-Rodino Reporting Obligations See Dramatic Rise in Second Requests for Information

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Hospital transactions, including acquisitions and mergers, that meet Hart-Scott-Rodino (HSR) thresholds must, subject to any available exception, be reported to the Federal Trade Commission (FTC) and the Antitrust Division of...more

Goodwin

Biden Executive Order Calls for Heightened Antitrust Scrutiny

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On July 9, 2021, President Joe Biden announced a broad executive order (the “Order”) intended to boost what it characterizes as stagnant competition across the U.S. economy. The Order, among other things, encourages the...more

Foley & Lardner LLP

Florida Proposed Attorney General Oversight of Health Care Transactions

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In a move to provide the Attorney General with oversight authority with respect to certain health care transactions in the State of Florida, the Florida House Health Market Reform Subcommittee recently approved a measure that...more

Bass, Berry & Sims PLC

New HSR Annual Report Indicates Trends of Agency Challenges to Transactions, Renewed Interest in Healthcare Transactions

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The 2018 Hart-Scott-Rodino Annual Report (the 2018 HSR Report), recently released by the Federal Trade Commission (FTC) and the Department of Justice’s (DOJ) Antitrust Division, conveys information about their review of...more

McDermott Will & Emery

The Latest: Health Care Transactions Will Require Advance Notice to Washington State AG

What Happened: • On May 7, 2019, Governor Jay Inslee of Washington State signed House Bill 1607 into law. The law goes into effect for transactions closing after January 1, 2020, and requires advance notice to the...more

Davis Wright Tremaine LLP

New Washington Law Requires Advance Notice to the Attorney General for Certain Healthcare Transactions

Starting January 1, 2020, hospitals, health systems, and many other healthcare providers must give notice to the Attorney General 60 days in advance of closing certain transactions. ...more

McGuireWoods LLP

5 Things Healthcare Dealmakers Should Know About Florida House Bill 1243

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Over the past six weeks, Florida’s House of Representatives introduced and passed a bill that could change the process and time needed for certain healthcare transactions. Here are five things dealmakers need to know about...more

McDermott Will & Emery

New FTC Interpretation Will Require HSR Act Filing for Many Hospital Affiliation Transactions

McDermott Will & Emery on

The Premerger Notification Office (PNO) of the Federal Trade Commission (FTC) recently formalized a new position on Hart-Scott-Rodino Act (HSR Act) reporting obligations for certain not-for-profit, non-stock transactions. The...more

Davis Wright Tremaine LLP

New PNO HSR Rule Interpretation Will Change Reportability Requirements for Certain Hospital Transactions

The Federal Trade Commission’s Premerger Notification Office (PNO) recently revised its interpretation of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) filing requirements for transactions...more

Epstein Becker & Green

Annual HSR Report: No New Challenges to Hospital or Ambulatory Surgery Center Mergers in 2017

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On April 11, 2018, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) released their 40th Annual Hart-Scott-Rodino Report (“HSR Report”) detailing merger enforcement activity in fiscal year 2017...more

Baker Donelson

Provider Mergers: The Need for Early Antitrust Advice

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Given the Federal Trade Commission’s (FTC’s) aggressive antitrust enforcement program attacking provider mergers in hospital, physician, and other markets, it’s become extremely important for those considering a merger to...more

Baker Donelson

Anatomy of a Provider-Merger Antitrust Challenge (Part 3)

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This is the third in a six-part series discussing the Federal Trade Commission's challenges to provider mergers. Following the initial Introduction and Background (Part 1), the series discusses The Need for Early Legal Advice...more

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