Private equity (PE) investment in the U.S. healthcare sector faces a complex and evolving regulatory and legislative landscape. Both federal and state authorities are intensifying scrutiny of PE investment, driven by concerns...more
2/26/2025
/ Antitrust Provisions ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Industry Consolidation ,
Mergers ,
Non-Compete Agreements ,
Private Equity ,
Regulatory Oversight
Appellate court ruling widens scope of NY fee-splitting law to include earnouts -
The decision overturned a lower court ruling relating to the sale of part of a dental practice in 2015. The plaintiff agreed to sell...more
9/24/2024
/ Asset Purchase Agreements ,
Centers for Medicare & Medicaid Services (CMS) ,
Certification Requirements ,
Consent ,
Corporate Practice of Dentistry ,
Earn-Outs ,
ESRD ,
Federal Trade Commission (FTC) ,
Fee-Splitting ,
Health Care Providers ,
Non-Compete Agreements ,
Private Equity
As value-based care (VBC) models continue to grow across our nation’s health system and specifically within different specialties like nephrology, the costs and challenges of maintaining these models continue to rise. In...more
8/13/2024
/ Antitrust Investigations ,
Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Kickbacks ,
Non-Compete Agreements ,
Organ Transplant Centers ,
Physician Fee Schedule ,
Private Equity ,
Spinoffs ,
Value-Based Care ,
Whistleblowers
FTC Investigates Major Dialysis Providers Over Anticompetitive Practices -
The Federal Trade Commission (FTC) is investigating DaVita and Fresenius Medical Care, the largest U.S. dialysis providers, for potentially using...more
7/16/2024
/ Anti-Competitive ,
Antitrust Violations ,
Congressional Committees ,
Dialysis Providers ,
Federal Trade Commission (FTC) ,
Government Investigations ,
Health Care Providers ,
Medicare ,
Non-Compete Agreements ,
Organ Donation ,
Physicians
FTC final rule banning noncompetes grandfathers existing agreements for senior execs -
The FTC voted 3-2 in favor of the final rule, which bans noncompete clauses in employee contracts in most cases. While the rule would...more
FTC, DoJ propose changes to HSR Act for more effective, efficient merger reviews -
The FTC, along with the Assistant Attorney General of the Antitrust Division, proposed changes to the premerger notification form and...more
9/8/2023
/ Artificial Intelligence ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Justice (DOJ) ,
Dialysis ,
Dialysis Providers ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Health Insurance ,
Healthcare Facilities ,
Medicare ,
Merger Reviews ,
Organ Donation ,
Organ Transplant Centers ,
Partnerships ,
Rural Health Care Providers ,
Startups
Non-competition agreements are currently in a volatile state, and the future of their enforceability has been called into question by the current administration, and several state legislatures enacting limitations (and in...more
MedPAC recommends no additional increase in payments for dialysis in 2024 -
MedPAC’s report on outpatient dialysis services recommends Congress not increase Medicare payments for dialysis services next year beyond the...more
5/9/2023
/ Acquisitions ,
Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
Divestiture ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Joint Venture ,
MedPAC ,
Organ Donation ,
Restrictive Covenants ,
Trade Secrets
The Federal Trade Commission’s (“FTC”) threats of “cracking down” on non-competition agreements transformed into actual action with two dramatic moves this week. First, on January 4, the FTC ordered three companies,...more
Carolina Kidney Partners: Addition of Ga.-based nephrology practice expands Medicare, commercial insurance footprint -
Savannah’s Nephrology & Hypertension Medical Associates operates seven clinics in Ga. and S. Car....more
On July 9, 2021, President Biden signed a sweeping Executive Order (“EO”) intended to promote competition in a number of sectors of the economy, including healthcare. The EO targets 4 areas of healthcare in particular -...more
8/10/2021
/ Anti-Competitive ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Insurance Industry ,
Low-Wage Workers ,
Non-Compete Agreements ,
Restrictive Covenants ,
Technology Sector