1. More Vertical Deals -
Given the track record of merger antitrust enforcement since 2007, parties seeking to combine entities at the same level of the healthcare supply chain have faced an increasingly difficult...more
On November 15, 2018, the Antitrust Division of the Department of Justice (DOJ) announced that it had settled its suit against Atrium Health over the imposition of “anti-steering” and “anti-transparency” restrictions in...more
Late last month the Federal Trade Commission (FTC) closed its investigation of the proposed merger of several major healthcare institutions in eastern Massachusetts. The FTC’s decision not to challenge the transaction...more
Over the last month, the Department of Justice Antitrust Division (DOJ) cleared Cigna Corp.’s $67 billion acquisition of Express Scripts Holding Co. with no conditions and CVS Health Corp.’s $69 billion merger with Aetna Inc....more
A recent Third Circuit decision highlights the potential pitfalls of policy-setting by associations made up of competing entities. Last month, the Third Circuit reversed the dismissal of a medical device maker’s claims that...more
Last week, Hurricane Florence made landfall. But anticipating its effects before it made landfall or was officially upgraded from a tropical storm, on Sept. 7, 2018, North Carolina Governor Roy Cooper signed Executive Order...more
In August, on the last day for the California Legislature to pass bills, it passed Senate Bill 1121 to revise the California Consumer Privacy Act of 2018 (CCPA). The CCPA was signed into law in June 2018 and, unless amended,...more
On June 25, 2018, the Supreme Court held that American Express Co.’s “non-discrimination” rules that prevented merchants from steering customers to other credit card brands do not violate the federal antitrust laws....more
On May 17–18, 2018, the American Bar Association (ABA) and American Health Lawyers Association (AHLA) hosted their biannual Antitrust in Healthcare Conference in Arlington, Virginia. The conference featured programs on a...more
When does an insurer’s hard-core negotiation strategy cross the line and become an antitrust violation? The District Court of Rhode Island considered this question in denying a summary judgment motion in an antitrust case...more
Connecting Justice-Involved Populations to Health Coverage and Care -
Editor’s Note: The importance of connecting justice-involved populations to health coverage and care is evident from the high levels of physical and...more
Physicians’ Employment Agreements Raise Antitrust Concerns -
Earlier this month, a physician group sued a healthcare system in North Carolina state court, accusing it of monopolization by including overly restrictive...more
The Promise of Data-Driven Healthcare: Megatrends for 2018 -
Editor’s Note: For state health programs, payers, providers and life sciences companies, data and analytics have become essential to facilitating efficient and...more
Introduction -
The federal antitrust agencies are continuing to focus on anticompetitive practices by healthcare companies, most recently in the dental industry. Last month, the Federal Trade Commission (FTC) sued three...more
Hospitals and Health Systems Prepare for a Value-Based Future -
Editor’s Note: Hospitals and health systems are actively working to service their communities in numerous ways, including through the adoption of initiatives...more
2/22/2018
/ Antitrust Division ,
Cost-Sharing ,
False Claims Act (FCA) ,
Hospitals ,
Information Sharing ,
Medicare ,
Medicare Part D ,
No-Poaching ,
Opioid ,
Pharmaceutical Industry ,
Physicians ,
Substance Abuse ,
Universal Health Services Inc v United States ex rel Escobar
On December 14, 2017, the Federal Communications Commission (FCC) passed the Restoring Internet Freedom Order (RIFO), repealing the FCC’s 2015 “net neutrality” rules and shifting the responsibility for regulating the conduct...more
The Eight Key Elements of Effective Compliance Programs -
Editor’s Note: In a recent webinar for Bloomberg BNA, Manatt examined game-changing fraud and abuse trends and cases—and revealed strategies for avoiding False...more
With the Federal Trade Commission’s successful track record in challenging mergers of provider systems operating in the same geographic area, several hospitals are looking farther afield for merger partners. One recent...more
Part 1: Megatrends Reinventing How Patients Think -
Editor’s Note: In a recent webinar for PharmaVOICE, Manatt Health revealed the megatrends reinventing the life sciences industry—and how they relate to new thinking by...more
Fraud and Abuse 2017: Understanding Trends and Avoiding Actions -
Editor’s Note: In a recent webinar for Bloomberg BNA, Manatt examined game-changing fraud and abuse trends and cases—and revealed strategies for avoiding...more
11/27/2017
/ Affordable Care Act ,
Anti-Kickback Statute ,
Antitrust Division ,
Caronia ,
Centers for Medicare & Medicaid Services (CMS) ,
Digital Health ,
False Claims Act (FCA) ,
Food and Drug Administration (FDA) ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Healthcare Fraud ,
Hospitals ,
Opioid ,
REMS ,
Universal Health Services Inc v United States ex rel Escobar
A New Look at Digital Health Business Models -
Editor’s Note: The Commonwealth Fund is developing an innovative digital health advisor (DHA)—an integrated suite of digital services that would provide consumers with health...more
In the face of the Federal Trade Commission’s (FTC’s) string of litigation successes over the last several years challenging hospital mergers on antitrust grounds, there has been an increased focus on the potential use of...more
Using Telehealth as a Tool for Health System Integration -
As discussed in our August Health Update article on patient engagement and digital health—the first in our new digital health series—the advent of digital and...more
Editor’s Note: In a recent “Antitrust Practice Group Bulletin” for the American Health Lawyers Association, Manatt Health examined the August 9, 2017, decision by a federal district court to dismiss Sherman Act group boycott...more
The “failing firm” defense as a justification for permitting a merger that may otherwise lessen competition gets considerable play in healthcare transactions. Perilous hospital economics—often brought on by low Medicare and...more