Historically viewed as recession-proof, 2023 is expected to be a challenging year for the healthcare industry as macroeconomic factors – inflation, high labor expenses, volatile markets, supply chain snarls and other issues –...more
2/24/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Chapter 11 ,
Coronavirus/COVID-19 ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Investment ,
Mergers ,
Partnerships ,
Public Health Emergency ,
Telehealth ,
Value-Based Care ,
Waivers
President Biden recently issued an executive order affirming his administration’s policy of enforcing the antitrust laws to “combat the excessive consolidation of industry” and cited healthcare markets as one of several...more
7/15/2021
/ Acquisitions ,
Antitrust Division ,
Biden Administration ,
Competition ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Investigations ,
Mergers ,
Preliminary Injunctions ,
Provider Relief Fund
The federal antitrust enforcement agencies brought three hospital merger challenges and three criminal antitrust enforcement actions in healthcare in the past year. Combined with the incoming Democratic administration,...more
In 2019, the total number of antitrust cases filed against providers dropped to 20 after the 2018 bump (27 cases). In the latest Health Antitrust Litigation Update for Providers, we discuss what kinds of cases were brought...more
11/16/2020
/ Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Health Care Providers ,
Healthcare ,
Insurance Contracts ,
Motion to Dismiss ,
Physician Admitting Privileges ,
Physicians ,
Pleadings ,
Professional Regulators ,
Summary Judgment
As the healthcare industry continues to cope with the Coronavirus (COVID-19) and form strategic and short- and long-term plans, providers are faced with numerous decisions that have critical antitrust implications. Whether...more
5/26/2020
/ Acquisitions ,
Antitrust Provisions ,
Antitrust Violations ,
Collaboration ,
Competition ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Healthcare ,
Joint Venture ,
Mergers ,
Recruitment Policies ,
Strategic Planning ,
Wage and Hour
With COVID-19 applying financial pressures on hospitals and health systems of all sizes and geographic reach, the road to recovery presents a variety of challenges. However, the need to restructure and address financial and...more
5/26/2020
/ Best Practices ,
Business Development ,
Business Opportunities ,
Business Strategies ,
Capital Markets ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Debt Restructuring ,
Economic Downturn ,
Financial Distress ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Insolvency ,
Physicians ,
Webinars
As the healthcare industry continues to cope with the Coronavirus (COVID-19) and form strategic and short- and long-term plans, providers are faced with numerous decisions that have critical antitrust implications. Whether...more
5/19/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Collaboration ,
Competition ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health Care Providers ,
Joint Venture ,
Recruitment Policies ,
Strategic Planning ,
Wage and Hour ,
Webinars
DOJ is open to companies collaborating outside of the presence of government to find creative solutions to combat COVID-19 as long as they commit to adequate antitrust safeguards...more
The COVID-19 pandemic has placed additional stressors on labor markets, particularly for healthcare workers and essential employees. While recognizing that employers, recruiters and staffing agencies may need—and be allowed...more
A recent business review letter issued by the US Department of Justice Antitrust Division to five pharmaceutical and medical/surgical distributors offers insights into the antitrust enforcers’ views on competitor...more
On March 24, 2020, the US Federal Trade Commission (FTC) and US Department of Justice (DOJ) issued a Joint Antitrust Statement Regarding COVID-19. In this statement, the FTC and DOJ recognize that public health efforts in...more