The Source Blog

Recent Lawsuits Question HRSA Oversight of the 340B Program

Bruce Allain, Managing Editor

January 15, 2025

Trends in Healthcare Markets

Certificates of Need (CON)

For more on CON legislation, refer to Legislative Topics: Certificates of Need overview in the Source Blog

Key:
Active CON Program

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Most Favored Nation Bans (MFN)

For more on MFN legislation, check out our Legislative Topics: Most Favored Nation overview in the Source Blog.

Key:
Ban currently in effect
Pending legislative ban

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Recent Action in Healthcare Markets

Recent Legislation
Recent Litigation

Recent Legislation

TCA Title 63 and Title 68, Chapter 11 – Tennessee
Introduced: 2024 Status: Enacted
As enacted, authorizes a hospital, or an affiliated entity of the hospital, to employ an emergency physician to treat patients at a satellite emergency department, or a physician to treat patients at a primary care […]

3-716 – Maryland
Introduced: 2024 Status: Enacted
Applying to certain veterinary and health care professionals certain provisions of law stating that certain noncompete and conflict of interest provisions in certain employment contracts are null and void as being against the public policy […]

secs. 2811, 2823, 17101, 20104, 20106 & 20161 of 1978 PA 368 (MCL 333.2811 et seq.) & adds secs. 2823a & 22224c & pt. 207 – Michigan
Introduced: 2024 Status: Enacted
This bill amends the Public Health Code to provide for the licensing of freestanding birth centers by the Department of Licensing and Regulatory Affairs. The bill defines a “freestanding birth center” as a facility that […]

CRS 25-1.5-103 – Colorado
Introduced: 2024 Status: Enacted
Concerning the creation of a separate health facility license for critical access hospitals, and, in connection therewith, making an appropriation.

CRS 12-30-124 – Colorado
Introduced: 2024 Status: Enacted
The bill allows a health-care provider (applicant) who possesses a license, certificate, registration, or other approval as a health-care provider in another state (out-of-state credential) to provide health-care services through telehealth to patients located in […]

Code Section 48-7-29.20 – Georgia
Introduced: 2024 Status: Enacted
This bill proposes amendments to health-related laws in Georgia. It includes changes to the “certificate of need” program, which refers to a regulatory process that requires certain health care providers to obtain state approval before […]

IC 27-1-13-18 – Indiana
Introduced: 2024 Status: Enacted
Provides that if a party to a health provider contract intends to terminate the contractual relationship with another party to the health provider contract as of January 1 of the following calendar year, the terminating […]

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Recent Litigation

Department of Justice, Maryland, Illinois, New Jersey, and New York, v. United Health and Amedisys – Federal, Illinois, Maryland, New Jersey, New York
District Court: United States District Court for the District of Maryland Status: Pending
The Justice Department, together with the Attorneys General of Maryland, Illinois, New Jersey, and New York, filed a civil antitrust lawsuit to block UnitedHealth Group […]

Novant Health, Inc. and Community Health Systems, Inc., In the Matter of – North Carolina
District Court: Status: Pending
On January 25th, 2024, the Federal Trade Commission (FTC) announced that it had authorized a suit to block Novant Health’s proposed acquisition of two hospitals […]

Ross v. University of Pittsburgh Medical Center – Pennsylvania
District Court: US District Court for the Western District of Pennsylvania Status: Pending
On January 18, 2024, Victoria Ross, a former University of Pittsburgh Medical Center (UPMC) nurse, filed an antitrust class action suit in the US District […]

Shaw v. Advocate Aurora Health Inc et al – Wisconsin
District Court: US District Court for the Eastern District of Wisconsin Status: Pending
On February 5, 2024, Plaintiffs brought suit on behalf of the class of Commercial Health Plan Members against Aurora Health Care and Advocate Aurora Health […]

Emanate Health et al v. Optum Health et al – California
District Court: California Central District Court Status: Pending
On November 20, 2023, Emanate Health filed an antitrust suit against Optum Health with the US District Court for the Central District of California. Specific […]

FTC and California v. John Muir Health and Tenet Healthcare – California
District Court: Northern District of California Status: Decided
In November 2023, the FTC and the California AG challenged John Muir Health’s proposed acquisition of San Ramon Regional Medical Center from Tenet Healthcare. Both […]

Louisiana Children’s Medical Center v. Attorney General of the United States et al. – Federal
District Court: U.S. District Court for the Eastern District of Louisiana Status: Pending
This suit is the combination of multiple separate actions. First, Louisiana Children’s Medical Center sued the United States Attorney General, Department of Justice, Federal Trade […]

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