News & Analysis as of

Healthcare Facilities Competition

Benesch

Dialysis & Nephrology Digest - August 2025

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An investigation highlighted concerns about for-profit dialysis clinics in the U.S., which are linked to worse patient outcomes and reduced transplant access. DaVita and Fresenius, controlling over 60% of dialysis centers,...more

Mintz - Health Care Viewpoints

California’s Office of Health Care Affordability – First Ever Cost and Market Impact Review and Potential Expansion of Office’s...

Since April 2024, the California Department of Health Care Access and Information (HCAI), Office of Health Care Affordability (OHCA) has received twenty-six Material Change Transaction Notices (Notices) as part of its...more

Ropes & Gray LLP

California’s Office of Health Care Affordability (“OHCA”) Initiates First Cost and Market Impact Review (“CMIR”)

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On June 6, 2025, the California Office of Health Care Affordability (“OHCA”) issued its first determination to conduct a Cost and Market Impact Review (“CMIR”) under its health care oversight law. This CMIR will involve...more

Husch Blackwell LLP

California-Based Healthcare Transaction Subjected to OHCA's First Cost and Market Review

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On June 23, 2025, California’s Office of Health Care Affordability (OHCA) issued a determination that a transaction submitted by Covenant Care California, LLC and its subsidiaries under the Material Change Transaction Notice...more

Jones Day

State Attorneys General Increasing Oversight and Focus on Private Equity in Health Care Industry

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State attorneys general ("AGs") have long had unique police powers over a variety of health care providers in their states. Recently, AGs in several states have used this authority to scrutinize consolidation and corporate...more

Maynard Nexsen

Key Health Care Issues to Track in 2025 in Alabama

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This update examines the shifting landscape of healthcare regulation and industry developments in Alabama. It addresses key areas affecting healthcare, such as the ongoing expansion efforts by Alabama providers, significant...more

Burr & Forman

Provider and Health Care Facility Claim Submissions Now Open in $2.8 Billion Blue Cross Blue Shield Settlement

Burr & Forman on

Medical providers, including individuals, physician groups, hospitals, surgery centers, health systems and other health care facilities, may be eligible for a portion of a $2.8 billion settlement reached by the Blue Cross...more

Rivkin Radler LLP

Federal Agencies Express Concerns About Health Care Market Consolidation and Role of Private Equity

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On January 15, 2025, the Federal Trade Commission (FTC), Department of Justice (DOJ), and Department of Health and Human Services (HHS) released a joint report continuing their collaborative initiative to address...more

Dickinson Wright

Ramping Up: Antitrust Enforcement in Health Care

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Originally published in Healthcare Michigan, Volume 41, No. 6 - It has been a rapid-fire start to 2024 with antitrust enforcers within the Biden administration ramping up regulatory scrutiny across the U.S.—and health care is...more

Tonkon Torp LLP

Oregon Health Care Market Oversight Program Creates Hurdle for Healthcare Transactions

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Healthcare organizations be warned: entities that operate, own, or are closely related to a health care provider with any presence in Oregon may need to seek approval from the State before completing any merger, acquisition,...more

Roetzel & Andress

The New FTC Rule Explained: Will Your Non-Compete Be Enforceable?

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Host Ericka Adler welcomes Roetzel attorney Christina Kuta to the #HealthLawHotSpot this week to discuss the most frequently asked questions from clients about non-competes and the impact of the new FTC rule. Christina...more

Epstein Becker & Green

FTC Requests Substantial Increase to FY 2025 Budget

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The fiscal year (FY) 2025 budget proposed by the Federal Trade Commission (FTC) seeks a 20 percent increase from its FY 2024 budget and an additional 55 employees to help support its mission....more

Dickinson Wright

Navigating Noncompetes in Health Care: Understanding the FTC’s Impact

Dickinson Wright on

Dickinson Wright attorney Kim Ruppel recently participated in The Risky Health Care Business Podcast, where she and host Scott Nelson delved into the intricate world of noncompetes and their ramifications for both health care...more

Dentons

FTC Issues in Healthcare

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The Federal Trade Commission recently propounded a rule regarding non-competes. This is complicated, as is demonstrated by the extensive FTC comments that are a hundredfold longer than the regulation itself. Of significant...more

Akerman LLP - Health Law Rx

Don't Panic! – A Guide for Healthcare Employers to Understand the Potential Impact of FTC's Non-Compete Ban

On April 23, 2024, the Federal Trade Commission (FTC), through a 3-2 vote, approved a final rule (the Final Rule), banning most forms of non-compete clauses with workers. A non-compete clause generally prevents a worker from...more

Polsinelli

FTC Final Rule Banning Most Non-Competes Passes – What Nonprofits Need to Know

Polsinelli on

On April 23, 2024, the Federal Trade Commission (“FTC”) conducted a special Open Commission Meeting to vote on a Final Rule (the “Rule”) banning most non-compete clauses as an “unfair method of competition.” By a vote of 3-2,...more

Epstein Becker & Green

Time Runs Out in the Oregon State Senate for Hb 4130, but Will Likely Return in 2025

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Oregon’s Proposed HB 4130, which passed the Oregon House of Representatives on February 22, 2024, was at the desk of the Senate president when the 82nd Legislative Assembly adjourned sine die on March 7, 2024, thereby ending...more

Goodwin

Antitrust & Competition Healthcare Year in Review 2023

Goodwin on

2023 saw a significant uptick in antitrust scrutiny and enforcement, particularly in the healthcare space. After much rhetoric and a setback in challenging state Certificate of Public Advantage (COPA) laws, the Federal Trade...more

Stevens & Lee

FTC, DOJ and HHS Launch Public Inquiry into Transactions Involving Private Equity Firms, Health Systems and Private Payers

Stevens & Lee on

On March 6, the Federal Trade Commission (“FTC”), the Department of Justice’s Antitrust Division (“DOJ”), and the Department of Health and Human Services (“HHS”) (the “Agencies”) announced that they were “launching a...more

Fenwick & West LLP

Navigating Healthcare Antitrust in the Biden Era

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It’s no secret that Democrats are traditionally trustbusters, but the Biden Administration is taking things to a whole new level, bringing novel—and arguably weak—cases that nonetheless slow or block tie-ups among healthcare...more

Holland & Knight LLP

Antitrust Considerations for Healthcare Joint Ventures

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The Federal Trade Commission (FTC) has been active in challenging hospital combinations. In June 2022, the FTC filed complaints to block two hospital transactions. Within weeks of the FTC's actions, both transactions were...more

Robinson & Cole LLP

Health Law Diagnosis - Pending Illinois Legislation Could Heighten Merger Requirements for Health Care Facilities

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The Illinois House of Representatives recently voted in favor of passingHB 2222 (“the Bill”), which, if enacted, would amend the Illinois Antitrust Act to add new reporting requirements for certain transactions, including...more

Epstein Becker & Green

DOJ Withdraws Long-Standing Health Care Antitrust Enforcement Policy Statements

In a quiet yet shocking announcement on February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) withdrew three major antitrust policy statements that have served for years as mainstays of health care...more

Goodwin

Recent FTC Enforcement Action Signifies Increased Scrutiny of Private Equity Acquisitions and Imposition of More Onerous...

Goodwin on

On June 13, 2022, the Federal Trade Commission (“FTC” or “the Commission”) announced a consent agreement resolving concerns with a private equity acquisition, incorporating novel prior notice and approval requirements...more

BCLP

BCLP’s Competition Collective: Antitrust, Foreign Investment and Trade Insights from around the world

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Welcome to this first edition of BCLP’S Competition Collective: Antitrust, Foreign Investment and Trade Insights from around the world. This period was marked by uncertainty – and the harsh realities of the pandemic for many...more

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