See case page: UFCW & Employers Benefit Trust v. Sutter Health At a July 9 hearing at the Superior Court of San Francisco, Judge Anne-Christine Massullo denied Sutter Health’s motion to delay the approval hearing of the preliminary settlement agreement due to the COVID-19 pandemic. This is an encouraging ruling as there was much speculation and concern that Sutter’s request is a thinly veiled attempt to walk back the historic settlement reached last December amidst the chaos of COVID-19. In a California Healthline quote last month, The Source Executive Editor …

After much anticipation and a round of public comments on the draft guidelines released in January, the Department of Justice (DOJ), along with the Federal Trade Commission (FTC), officially issued the final Vertical Merger Review Guidelines, replacing the Non-Horizontal Merger Guidelines originally issued in 1984. The updated guidelines govern how federal antitrust agencies evaluate vertical, as well as other non-horizontal mergers. The guidelines outline three main sources of evidence for potential adverse competitive effects from vertical mergers: 1) Foreclosure and Raising Rivals’ Costs, 2) Access to Competitively Sensitive Information, and …

The Source continues to extend wishes of safety and good health to you and your loved ones.  As the pandemic causes the healthcare industry financial tragedy, health law experts share important considerations for policymakers, providers, and payers.  Many authors hope the pandemic will effect much-needed lasting improvements in the efficiency and efficacy of health care in the U.S.   Antitrust Experts Recommend More Rigorous Regulation of Healthcare Consolidation In Preventing Anticompetitive Healthcare Consolidation: Lessons from Five States, published by the Source on Healthcare Price & Competition, authors Jaime King, et …

Case page: UFCW & Employers Benefit Trust v. Sutter Health Executive Editor Jaime King was quoted in the 6/17/2020 California Healthline article Citing COVID, Sutter Pushes To Revisit Landmark Antitrust Settlement: In its filing, Sutter does not specifically object to the $575 million settlement amount. But Jaime King, an associate dean at UC Hastings College of the Law who has followed the case, said the request for a delay could be a tactical strategy to support such a move. “The longer they can delay, the more they can show they have …

Recent evidence demonstrates that provider and insurer markets in the United States have been highly concentrated for years and have led to increased healthcare prices and insurance premiums without a commensurate increase in quality. The coronavirus pandemic is placing additional financial strain on many physician practices and small, rural hospitals, elevating the risk of unchecked consolidation. State governments can play a critical role in improving oversight of anticompetitive mergers and other affiliations, especially in this time. With support from Arnold Ventures and in collaboration with the Nicholas C. Petris Center on Health …

See case page: UFCW & Employers Benefit Trust v. Sutter Health When Sutter Health reached a preliminary settlement agreement with California Attorney General Xavier Becerra restricting its anticompetitive practices, antitrust experts breathed a collective sigh of relief on clinching a favorable outcome. Then came COVID-19. As with all other aspects of business and life, the pandemic has turned existing order upside down. Will it throw a wrench in the all but finalized case that would’ve served as strong guidance to other health systems in the country? The terms of the …

The Source Executive Editor Jaime King was recently quoted in the Los Angeles Times article “California seeks more power to fight healthcare mergers,” regarding SB 977, a bill that would grant significantly more merger review power to the Attorney General in California: “The best way to prevent problems from occurring in a merger is just to prevent the merger altogether,” said Jaime King, associate dean at UC Hastings College of the Law in San Francisco. “It’s really hard to unwind a merger after you’ve already done it.” SB 977 incorporated …

The Source continues to extend wishes of safety and good health to you and your loved ones during this uniquely challenging time.  Despite the reality that much of the healthcare industry suffers financial catastrophe due to the pandemic, experts note improvements in some areas.  Authors this month expect some advancements to last and suggest how the U.S. should use them to diminish costs.   Changes in Telehealth Will Likely Outlast the Pandemic In JAMA’s Implications for Telehealth in a Postpandemic Future, Carmel Shachar and co-authors affirm positive outcomes that the …

As California continues to shelter in place and limit the spread of COVID-19, the California Legislature is forced to cut the number of bills it can consider this session. However, as hospitals struggle financially and possibly seek mergers to survive, merger oversight over nonprofit hospitals is more critical than ever to maintain health access. Under California law, the state Attorney General (“AG”) can impose conditional approval for mergers or acquisitions involving non-profit health facilities. Two recent bankruptcy court cases have threatened the viability of these conditional approvals by limiting the …

By: Swaja Khanna, Student Fellow With the coronavirus pandemic causing shelter-in-place restrictions around the world, we here at The Source hope you are staying safe and healthy as we catch you up on some of the articles and reports in health policy this month. In this edition of the Source Roundup, we cover articles and reports that discuss: (1) the cost of hospital care for COVID-19 for the uninsured, (2) how health costs may change in the pandemic, (3) surprise out-of-network billing from ambulance transportation, (4) in-network ASC episodes that …