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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
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
8
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
9
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
10
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
11
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
12
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
13
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
14
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
15
Essential Health Transaction Planning For Providers In Today’s Antitrust Enforcement Climate
Federal antitrust enforcement agencies continue to challenge transactions in the health industry that they view as anticompetitive.
United States
14 May 2012
16
FTC/DOJ Remove Mandatory Antitrust Review For MSSP-Participating ACOs In Final Policy Statement
On October 20, 2011, the Federal Trade Commission and Department of Justice issued a final policy statement on accountable care organizations (ACOs) participating in the Medicare Shared Savings Program (MSSP).
United States
14 Nov 2011
17
CMS and CMMI to Hold Regional Listening Sessions Dec. 14 and 16
The Centers for Medicare & Medicaid Services and the Center for Medicare and Medicaid Innovations (CMMI) are holding regional and phone-in listening sessions this week on new payment models, including accountable care organizations under Medicare’s Shared Savings Program and other initiatives of the CMMI.
United States
15 Dec 2010
18
CMS Expects to Issue ACO Rules by Mid-January 2011
Centers for Medicare & Medicaid Services officials announced they expect to issue proposed regulations for accountable care organizations (ACO) by mid-January 2011, and also revealed Medicare beneficiaries will be informed when they are assigned to an ACO.
United States
8 Dec 2010
19
MedPAC Makes Recommendations to CMS on ACOs
In a letter to the Centers for Medicare & Medicaid Services regarding accountable care organizations (ACOs), the Medicare Payment Advisory Commission supported a two-sided financial risk model to give more ACOs more incentive to control spending.
United States
8 Dec 2010
20
FTC to Develop Safe Harbors and Expedited Review Process for ACOs
The FTC, CMS and OIG hosted a public workshop on October 5, 2010, featuring panel discussions on antitrust issues and an announcement from the FTC that it will develop antitrust safe harbors for accountable care organizations (ACOs), as well as an expedited review process for ACOs that do not qualify for those safe harbors.
United States
14 Oct 2010
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