The Source Blog

This post is part of our ongoing coverage of the CHA v. OHCA lawsuit. See case page here. In this post, we examine the claims made by the California Hospital Association (CHA) in its recent lawsuit filed against the California Office of Health Care Affordability (OHCA) regarding OHCA’s plan to implement spending targets for hospitals (Case #  CPF25519370).  While many stakeholders, including CHA, the California Medical Association (CMA), and others, have expressed concerns about the spending targets announced by OHCA and the methodology used to establish them, dissatisfaction with an administrative […]

The Source’s executive editor Katie Gudiksen, working with Arnold Analytics, co-authored a report on hospital market competition in Monterey County. The report was released today by California’s Office of Health Care Affordability (OHCA). The study examines why prices at CHOMP, Natividad, and Salinas Valley Memorial are among the highest in the state and finds that limited competition—not higher costs or better quality—is the main driver. It also outlines the impact on local families and employers and offers policy options for the state to consider. Read the full report here: https://hcai.ca.gov/wp-content/uploads/2025/11/OHCA-Investigative-Study-of-Hospital-Market-Competition-in-Monterey-County.pdf.

On October 15, 2025, the California Hospital Association (CHA) filed suit against the California Office of Health Care Affordability (OHCA) (and affiliated defendants) over claims that OHCA’s spending targets are arbitrary, irresponsible and single out hospitals, and will severely disrupt hospital services, starving hospitals of needed resources. The California Legislature created OHCA in 2022 and authorized it: to analyze healthcare markets for cost trends and drivers of spending, to set and enforce cost-growth benchmarks for the state, and to review and assess the impact of mergers, acquisitions, affiliations, and other […]

August and September 2025 were active months in the U.S. Chamber of Commerce’s case challenging the Federal Trade Commission (FTC)’s new rules under the Hart-Scott-Rodino (HSR) Act.  The FTC finalized changes to the HSR pre-merger notification rules in October 2024, and the Chamber filed suit in January 2025. In August and September, the Chamber moved for summary judgment, the FTC filed a brief in opposition, and most recently, the Chamber filed a brief in support of its summary judgment motion. History of the Hart-Scott-Rodino Act Congress passed the original Hart-Scott-Rodino […]

On August 13, 2025, President Donald Trump issued an executive order revoking Executive Order 14036 (Promoting Competition in the American Economy) issued by President Joe Biden on July 9, 2021.  Biden’s executive order was remarkably lengthy and detailed, addressing many areas with significant implications for healthcare markets and competition.  Revoking the order represents a new direction in the Federal Government’s competition priorities. Biden’s Order on Promoting Competition Biden’s 2021 order was unusual in its scope and size, signaling an intention to reinvigorate antitrust enforcement across U.S. industries. The order noted […]

On September 5, 2025, the Federal Trade Commission (FTC) announced it would dismiss its appeal of a 2024 court ruling that had determined that the FTC’s attempt at creating a federal noncompete ban had exceeded the FTC’s authority.  Ending the legal defense of the noncompete ban effectively ends any chance of the ban going into effect. This saga began on April 23, 2024, when the FTC issued a rule banning many noncompete clauses in employee contracts, which was quickly challenged when several parties filed lawsuits against the rule.  On July […]

Steering methods, where health plans are able to incentivize patients to choose high-value, cost-effective care can be critical to the financial health of these plans.  New York–Presbyterian Hospital is facing mounting legal and regulatory challenges over allegations that it sought to limit competition and prevent insurers from steering patients to lower-cost options.  On July 25, 2025, the Cement and Concrete Workers DC Benefit Fund, a self-funded union health plan, filed suit against The New York and Presbyterian Hospital, claiming that New York Presbyterian (NYP) engaged in various anti-steering efforts in […]

Update: On Monday, July 28, 2025, U.S. District Court Judge Brian Miller issued a preliminary injunction blocking the law (which would have taken effect on January 1, 2026) until the federal court issues final judgement. In April 2025, Arkansas passed legislation prohibiting pharmacy benefit managers (PBMs) from acquiring or holding a direct or indirect interest in pharmacies.  This law makes Arkansas the first state to enact a structural approach to address concerns about PBM business practices.  To date, three separate lawsuits have been filed challenging the law.  This article looks […]

On July 3, 2025, a three-judge panel of the 9th U.S. Circuit Court of Appeals upheld an Oregon state law that allows the state to review, approve or deny proposed health care mergers, affirming a lower court ruling from May of last year. History of the Case The Oregon Association of Hospitals and Health Systems (OAHHS – a trade association representing Oregon hospitals and health systems) originally filed suit in Federal District Court October 2022 challenging the constitutionality of an Oregon law enacted in 2021, that required health care entities […]

On May 21, 2025, a three-judge panel of the Sixth Circuit Court of Appeals in Ohio reversed a lower court’s decision to dismiss a case filed by Tiara Yachts against Blue Cross Blue Shield of Michigan (BCBSM).  The rulings hinged on whether BCBSM acted as an Employee Retirement Income Security Act (ERISA) fiduciary when administering Tiara Yachts’ self-funded insurance plan.  The lower Court had ruled that BCBSM’s actions did not qualify as fiduciary conduct under ERISA, claiming that the case was a contractual dispute as the complaint was covered by […]