Antitrust Enforcement
United States v. Google – Implications of the Antitrust Lawsuit for Health Information
Guest Author May 13, 2021
By: Gregory Curfman, MD On October 20, 2020, the U.S. Department of Justice joined by 11 state attorneys general filed a stunning civil antitrust lawsuit in the United States District Court for the District of Columbia against Google.[1] What will this antitrust case mean for health information, and what other questions are health policy makers asking about Google’s control of health information? The complaint in this high-profile case is that Google engages in anticompetitive practices in the two principal components of its business, general internet search and advertising related …
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The Source Roundup: May 2021 Edition
Erin Livinghouse, Student Fellow May 3, 2021
This month’s roundup covers academic articles and reports that examined: 1) early results and challenges of the new federal price transparency rule; 2) how to address increasing market consolidation and competition during the COVID-19 pandemic; 3) rising healthcare costs; and 4) how much patients pay and physicians receive when patients receive out-of-network emergency care. Price Transparency In response to policymakers calling for greater price transparency of healthcare services for patients and other payers of healthcare, a federal rule from the Department of Health and Human Services took effect on …
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United Health Care Accused of Using Market Power for Financial Gain, Impeding Provider Competition in Texas and Colorado
Amy Y. Gu, Managing Editor April 15, 2021
This month in Litigation and Enforcement Highlights, we dive into a pair of healthcare antitrust lawsuits that is making the headlines. In late March, a group of doctors sued United Healthcare Insurance in Colorado and Texas in state courts, alleging the insurance giant violated state antitrust laws. Plaintiffs U.S. Anesthesia Partners (USAP) is a physician practice group made of anesthesiologists who practice in nine states. In the complaints, they claimed that United Healthcare used its market power to “squeeze” the group out of its insurance network and the marketplace for …
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The Source Commissioned for Policy Analysis of Rhode Island Health System Consolidation
Amy Y. Gu, Managing Editor April 12, 2021
As an extension of the Source’s research and work on provider market consolidation, the Milbank Memorial Fund commissioned the Source team to conduct an in-depth policy analysis of health system consolidation in Rhode Island and provide legal and regulatory options for Rhode Island state officials to address the impacts of consolidation. Executive Director Jaime King, Senior Health Policy Researchers Robert Murray and Katie Gudiksen, and Source Advisory Board Member Bob Berenson of the Urban Institute created a detailed presentation that first provides an overview of Rhode Island’s provider markets and …
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2021 California Healthcare Bills Part 1: Healthcare Market and System Reform Proposals Lead the Way
Mallory Warner, Health Policy Research Fellow March 15, 2021
February 19th was the deadline for California legislators to introduce their proposed bills this session. In a two-part series, we highlight some of the notable healthcare bills on the table in 2021. In this post, we focus on a few ambitious reform efforts to the healthcare market and delivery system. Next month, we’ll turn our attention to proposed bills that aim to regulate the prescription drug market and bills that promote price and quality transparency. Healthcare system reform measures are those that change the structure of health care in a …
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Healthcare Merger Challenges: Q1 2021 Update
Amy Y. Gu, Managing Editor March 12, 2021
In this month’s Litigation and Enforcement Highlights, we provide the latest updates on several proposed provider mergers, many of which were fueled by the continued pandemic. With the increased consolidation came increased antitrust scrutiny. So far this year, we’ve seen a mixed bag of wins and losses for federal and state enforcement agencies that seek to block the mergers. FTC Concedes in Failed Challenge of Jefferson-Albert Einstein Merger In its first major loss in a healthcare merger challenge in recent years, the Federal Trade Commission (FTC) officially dropped its …
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Federal Antitrust Scrutiny of Healthcare Industry Intensifies During Pandemic
Amy Y. Gu, Managing Editor February 15, 2021
The COVID-19 pandemic has brought national attention to the inner workings of the healthcare industry, exposing many of its shortcomings and issues. Many are now taking a renewed look at the U.S. healthcare system as a whole and the underlying problems that arise from the actions of its various players. Early this year, healthcare transactions that have largely escaped federal antitrust review are now being hauled into the spotlight in new attempts to promote greater competition in the healthcare market. Physician Consolidation Garners Attention as the FTC Seeks to …
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Litigation and Enforcement Highlights – January 2021
Amy Y. Gu, Managing Editor January 14, 2021
We kick off the new year with a handful of new developments in healthcare litigation and enforcement that transpired at the end of 2020. In price transparency, a pair of legal challenges intended to block transparency efforts in drug pricing and hospital pricing, respectively, were denied by the circuit courts. On the antitrust front, the Federal Trade Commission saw both victory and defeat in its challenges of proposed mergers that would lessen competition in the healthcare markets. Judges Refuses to Block California’s Drug Pricing Transparency Law SB 17 On …
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Health Affairs Blog Posts Highlight the Database of State Laws Impacting Healthcare Cost and Quality
Amy Y. Gu, Managing Editor January 14, 2021
The Source kicked off the New Year with a trio of blog posts in the Health Affairs Blog that highlights the Database of State Laws Impacting Healthcare Cost and Quality (SLIHCQ). The SLIHCQ Database was developed in partnership with the Catalyst for Payment Reform (“CPR”) and is an interactive tool that hosts ongoing state legislative efforts to implement healthcare reform. It is intuitively designed to allow policymakers and other stakeholders to customize and filter their searches by key issue and state. In collaboration with CPR, The Source Executive Editor Jaime …
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Year in Review: 2020 Sees A Flurry of Federal Healthcare Antitrust Challenges
Amy Y. Gu, Managing Editor December 14, 2020
As the COVID-19 pandemic continues to ravage the nation, it has put economic stress on smaller healthcare providers, giving larger health systems the opportunity to gain market power through more rampant merger and acquisition activity. In response, the Federal Trade Commission and the Department of Justice also stepped up their antitrust enforcement efforts. In this year-end Litigation and Enforcement Highlights issue, we round up federal enforcement challenges of provider mergers in 2020 and look at the latest status of these actions. Jefferson Health/Albert Einstein (Pennsylvania) The Federal Trade Commission …
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