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Antitrust Enforcement Update: Spotlight On Physician Transactions
At both the state and federal level, antitrust enforcement agencies continue to pursue successful challenges to physician practice transactions. This article summarizes two recent enforcement actions
United States
2 Jul 2019
2
Sixth Circuit Decision Affirms Summary Judgment Against Antitrust Challenge To Hospital Joint Operating Company's Contracting Conduct
A recent decision by the US Court of Appeals for the Sixth Circuit is important for competitors involved in joint ventures because it states what mode of antitrust analysis
United States
7 Jun 2019
3
THE LATEST: DOJ Announces Settlement With Carolinas Health System (Atrium Health) After Two Years Of Litigation
The Department of Justice (DOJ) announced last week that it and the State of North Carolina have reached a settlement with Carolinas Healthcare System / Atrium Health relating to provisions...
United States
23 Nov 2018
4
Managing The Transition To Transformation: Antitrust Considerations When Forming Provider Contracting Networks
The goal of this series is to help organizations prepare so that they are not only competitive, but can also thrive under alternative payment models (APMs) and quality-based reimbursement models.
United States
19 Dec 2016
5
Seventh Circuit Hands FTC Another Geographic Market Definition Victory In Chicago Hospital Merger Case
The US Court of Appeals for the Seventh Circuit handed another important victory to the Federal Trade Commission (FTC) and the State of Illinois in a hospital merger case in Chicago, Illinois.
United States
10 Nov 2016
6
FTC Weighs-In On Telehealth, Comments On Delaware's Occupational Therapy Practice Rule
On August 3, 2016, FTC staff submitted public comments regarding the Delaware Board of Occupational Therapy Practice's proposed regulation for the provision of occupational therapy services via telehealth...
United States
7 Oct 2016
7
Third Circuit Blocks Hospital Merger In Key Victory For FTC On Geographic Market Definition
On September 27, 2016, the US Court of Appeals for the Third Circuit handed an important victory to the Federal Trade Commission and the Commonwealth of Pennsylvania...
United States
30 Sep 2016
8
FTC Weighs-In On Telehealth, Comments On Delaware's Occupational Therapy Practice Rule
On August 3, 2016, the FTC staff submitted public comments regarding the Delaware Board of Occupational Therapy Practice's proposed regulation for the provision of occupational therapy services via telehealth in Delaware.
United States
16 Sep 2016
9
FTC Weighs-In On Telehealth: Providing Comments Regarding Alaska's Proposed Licensure And Standard Of Care Requirements
By way of background, in March 2015, Alaska State Senator Pete Kelly sponsored Senate Bill 74.
United States
19 May 2016
10
FTC Challenges Chicago-Area Health System Combination
The FTC has issued an administrative complaint challenging the proposed combination of Advocate Health Care Network and NorthShore University Health System in the Chicago area as a violation of both FTC Act Section 5, which prohibits unfair methods of competition, and Clayton Act Section 7, which prohibits mergers that may substantially lessen competition.
United States
23 Dec 2015
11
FTC And Pennsylvania Attorney General Challenge Health System Combination
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, Pennsylvania.
United States
22 Dec 2015
12
CMS Issues Final ACO Rules: Key Legal Implications For Hospital & Health System ACOs
On June 4, 2015, the Centers for Medicare & Medicaid Services (CMS) released a final rule (Final Rule) containing changes to its Medicare Shared Savings Program (MSSP).
United States
15 Jun 2015
13
FTC And DOJ Host Workshop Examining Health Care Competition
FTC Chairwoman Edith Ramirez confirmed that focus on health care competition remains a top FTC priority.
United States
4 Mar 2015
14
Ninth Circuit Affirms Divestiture Of Consummated Physician Practice Acquisition
The U.S. Court of Appeals for the Ninth Circuit affirmed an Idaho federal district court’s decision ordering the divestiture of a physician practice group that had been acquired by a competing health system.
United States
2 Mar 2015
15
Perspectives From The Federal Antitrust Enforcement Agencies
At the recent Antitrust in Health Care conference in Arlington, Virginia, representatives from the Federal Trade Commission and U.S. Department of Justice Antitrust Division discussed important health care and antitrust topics.
United States
21 May 2014
16
Court Orders Divestiture Of Consummated Physician Practice Acquisition
In a challenge brought both by private plaintiffs and the government, a court has ruled that a health system’s acquisition of a competing physician group practice violated the antitrust laws where the transaction resulted in the health system employing 80 percent of the primary care physicians in one area.
United States
17 Feb 2014
17
Supreme Court Limits Availability of State Action Immunity from Federal Antitrust Liability
The Supreme Court decision in FTC v. Phoebe Putney Health System, Inc., makes clear that state action immunity from federal antitrust laws is disfavored, and local governmental, quasi-public and private entities can only qualify for the immunity under certain specific conditions.
United States
26 Feb 2013
18
FTC Issues Another Favorable Clinical Integration Program Advisory Opinion
The Federal Trade Commission Bureau of Competition stated that it has no present intention to recommend that the FTC challenge a clinical integration program proposed by Norman Physician Hospital Organization.
United States
25 Feb 2013
19
U.S. Supreme Court Hears Oral Argument In Phoebe Putney Hospital Merger Challenge
In oral argument in FTC v. Phoebe Putney Health System, Supreme Court Justices focused on whether the state legislature clearly articulated a state policy to displace competition with regulation, in a case challenging the application of the state action doctrine to a hospital merger to monopoly.
United States
4 Dec 2012
20
Pennsylvania Attorney General Requires Merging Hospitals To Contract Separately With Payors In Settlement Agreement
In addition to the federal antitrust enforcement agencies, state attorneys general continue to take an active role in antitrust enforcement, especially in the health care industry.
United States
22 Jun 2012
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