FTC Challenges North Dakota Healthcare Provider Merger

On Thursday, June 22, 2017, the Federal Trade Commission (“FTC”) and the North Dakota Attorney General filed a complaint challenging the merger of North Dakota providers, Sanford Health, Sanford Bismarck (together “Sanford”), and Mid Dakota Clinic, P.C. (“MDC”). The complaint, filed under seal in the U.S. District Court for District Court of North Dakota seeks a temporary restraining order and preliminary injunction to enjoin the merger.

Sanford is a vertically-integrated system, employing about 36 adult primary care physicians, 4 pediatricians, 8 OB/GYNs, and 4 general surgeons in addition to 100 advanced practice providers. It also operates the Sanford Bismarck Medical Center, a 217-bed general acute care hospital and Level II trauma center. MDC is a multispecialty practice with 23 adult primary care physicians, 6 pediatricians, 8 OB/GYNs, and 6 general surgeons. Together, the parties are the largest providers of certain healthcare services in the Bismarck and Mandan area.

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