Ninth Circuit Upholds Ruling for FTC in Hospital Merger Challenge

The Ninth Circuit upheld a district court’s ruling ordering St. Luke’s Health System to unwind its purchase of the Saltzer Medical Group.  The decision is another victory for the Federal Trade Commission (FTC) in its renewed focus on potential competition concerns in health care. The FTC originally sued to …

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FTC Seeks Public Comments in Advance of Health Care Competition Workshop

The Federal Trade Commission and the Antitrust Division of the Department of Justice will co-host a second workshop in the series “Examining Health Care Competition” on February 24-25, 2015, in Washington, D.C. The workshop will look at recent developments related to health care provider organization and …

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FTC Seeks Public Comments on Proposed Merger Study

The Federal Trade Commission (FTC) announced today that it is seeking public comments on a proposed study of the effectiveness of the FTC’s orders in merger cases where it ordered a divestiture or other remedy. The proposed study would update a 1999 report issued by the FTC that evaluated consent orders …

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FTC Attacks Toothless Regulation of Dentists

Yesterday the United States Supreme Court heard argument in a case of national importance to health professions and the state boards that regulate them.  The case, North Carolina Board of Dental Examiners v. FTC, addresses the question whether a state dental board can be guilty of antitrust violation. Remember …

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SIXTH CIRCUIT KNOCKS DOWN HAIL MARY PASS

Usually it’s the play-by-play announcer—not the scorekeeper— calling it a Hail Mary pass, and what he means is that it’s a desperate, pretty-near hopeless, last-ditch effort.  So yesterday when the Sixth Circuit Court used the term to describe a ProMedica argument, it was clear that the FTC had won the …

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CMS Releases Proposed Rule on Accountable Care Organizations

After much anticipation, several federal agencies released documents today addressing legal issues regarding Accountable Care Organizations (ACOs). Significantly, the Centers for Medicare & Medicaid Services (CMS) released a proposed rule that would establish ACOs under the Medicare Shared Savings Program …

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