Insurer Escapes Antitrust Suit, But Hospital Must Continue the Fight

A large regional health insurer extricated itself from an antitrust suit, leaving the dominant local hospital to square off alone versus an ambulatory surgical center (ASC). The U.S. District Court for the Southern District of Illinois dismissed exclusive dealing allegations against BlueCross and BlueShield of …

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All or Nothing: Federal Court Decides Exclusion from ‘Some’ Patients Insufficient for Refusal to Deal Claim

A federal district court in the Eighth Circuit dismissed claims brought against a physician-hospital organization and an insurer alleging that the defendants violated federal antitrust laws by refusing to deal with certain providers. An ambulatory surgery center (ASC) and two physicians asserted that the …

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FTC Urges State to Ease Up on Advanced Practice Registered Nurses

The Federal Trade Commission (FTC or Commission) published comments in response to a Missouri state legislative proposal to modify rules and regulations on collaborative practice arrangements between physicians and Advanced Practice Registered Nurses (APRNs). The FTC called on Missouri to consider further …

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Ninth Circuit Denies Rehearing to St. Luke’s Health System

The Ninth Circuit will not reconsider its decision to force St. Luke’s Health System to unwind its purchase of Saltzer Medical Group, the largest physician practice group in the relevant Idaho market. The ruling leaves in place a victory for the Federal Trade Commission (FTC) in the merger row. In February, …

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FTC Remains Focused on Health Care in 2015

The Federal Trade Commission (FTC or Commission) recently published its annual highlights, revealing that health care remains a top priority for the Commission. The FTC reported that nearly half of its enforcement actions for the preceding five years focused on the health care industry, including …

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Federal Court Allows Hospital’s Antitrust Claims to Proceed on Narrow Market Definition

Winning an antitrust lawsuit hinges on defining the “relevant market,” and this case may prove the point. Methodist Health Services Corporation notched the first win in its battle against Saint Francis Medical Center as a federal court allowed Methodist’s suit to proceed despite a narrow market definition …

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