Competition
The Source Roundup: October 2021 Edition
Hannah Park, Student Fellow October 1, 2021
This month, we are pleased to highlight two recent publications co-authored by health policy researchers from The Source. We specifically examine articles and reports discussing market consolidation including 1) viable practices state policymakers can implement to address provider market power, 2) a critical look at legislation targeting concentrated markets, 3) statistical reports analyzing health insurance market consolidation, and 4) a study on the quality of care in post-merger rural hospitals. In addition, we cover articles that examine public option health plans recently enacted in some states, proposals to improve compliance …
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Hackensack Meridian/Englewood Merger Heads to Appeals Pending FTC Trial
Amy Y. Gu, Managing Editor September 14, 2021
Hackensack Meridian Health’s proposed acquisition of Englewood Healthcare Foundation is the latest case to watch amidst increased federal antitrust scrutiny of healthcare mergers. While the FTC’s preliminary injunction against the merger was approved by the New Jersey district court early last month, the entities continue to put up a fight pending the FTC administrative trial set for October. In this post, The Source provides a recap of the latest development in the case and a preview of what’s to come. FTC Challenge to Block Merger Hackensack Meridian Health, formed …
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The Source Roundup: September 2021 Edition
Hannah Park, Student Fellow September 1, 2021
This month, our round-up proudly features a new issue brief written by our Source colleagues that discuss what state regulators need to strengthen state antitrust laws and prevent further healthcare provider consolidation. Also highlighted in this month’s round-up are studies on the potential impact of the federal No Surprises Act on health care prices, state-level strategies to reduce health care spending, better methods to assess policy-relevant financial information of hospitals, a grassroots push towards the public option, and industry trends and implications in the pharmacy market. Market Competition/Consolidation In …
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[Sutter Case Watch] Court Approval of Final Settlement Concludes State Antitrust Action Against Sutter Health
Amy Y. Gu, Managing Editor August 30, 2021
See case page: UFCW & Employers Benefit Trust v. Sutter Health On August 27, nearly two years after the parties reached a proposed settlement agreement, Judge Anne-Christine Massullo of the San Francisco Superior gave the final approval to the settlement of the high profile antitrust case against Sutter Health. The final settlement was stalled several times along the way, first due to the coronavirus pandemic, then the court’s rejection of the compliance monitor, and most recently disputes over attorney fees, which was the subject of the preliminary approval hearing on July …
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Cedars-Sinai/Huntington Cross-Market Affiliation Settle with Revised Competitive Impact Conditions
Amy Y. Gu, Managing Editor August 16, 2021
Healthcare entities have continued to actively pursue proposed mergers and affiliations during —and in part driven by— the coronavirus pandemic. Since the settlement of the Sutter Health antitrust lawsuit, the proposed affiliation of Cedars-Sinai Health System and Huntington Memorial Hospital in California has emerged as the leading case that has captured the attention of health policy experts as to its antitrust implications. The Source also weighed in on the case with an amicus brief filed with the Los Angeles County Superior Court. In this post, we further detail the background …
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North Carolina Class Action Sues HCA/Mission Health for Anticompetitive Contracting Practices
Amy Y. Gu, Managing Editor August 11, 2021
Breaking: A class action lawsuit has been filed in North Carolina state court against HCA Healthcare and Mission Health, alleging anticompetitive practices in violation of the North Carolina Constitution and antitrust and consumer protection laws. The lawsuit follows HCA’s 2019 acquisition of Mission Health in North Carolina, which was approved with conditions by the North Carolina AG, although none of which were competitive impact conditions. Plaintiffs, who are North Carolina patients, claim that Tennessee-based HCA used market power garnered from the cross-market merger to demand anticompetitive terms in contracts with …
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Updated: States with Certificate of Public Advantage (COPA) Laws
Amy Y. Gu, Managing Editor August 10, 2021
In the most recent legislative session, Indiana enacted a new certificate of public advantage (COPA) law (SB 416) that allows mergers of certain hospitals to receive immunity from claims of state antitrust laws for the duration of the certificate. Specifically, hospitals eligible for the COPA must be located in a predominately rural county with a specific population cap and has no more than two hospitals in the statewide comprehensive trauma care system. Indiana joins 17 other states with existing COPA laws and 1 states with limited COPA laws, mostly enacted …
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Biden’s Executive Order Reinvigorates Competition Policy
Katie Gudiksen, Senior Health Policy Researcher and Alex Montague, Amy Y. Gu, Jaime King August 5, 2021
This blog post is copublished with Milbank Memorial Fund. On July 9, 2021, President Biden issued an Executive Order on Promoting Competition in the American Economy, announcing his intent to reinvigorate antitrust enforcement throughout US industries with a special focus on certain markets including health care. The executive order and accompanying fact sheet cites research showing that hospitals in consolidated markets charge far higher prices than hospitals with several competitors and that hospital consolidation has left many areas, especially rural communities, without good options for convenient and affordable health care …
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New on The Source: Downloadable Chart of Merger Review Legal Authority for All 50 States
Amy Y. Gu, Managing Editor August 3, 2021
Newly available on the Source: our health policy research team compiled a user-friendly, downloadable Excel spreadsheet of all provider merger review authority for all 50 states, now on the Market Consolidation interactive key issue page. The detailed chart provides clickable citations of all statutes, regulations, and state authority for mergers, acquisitions, conversions, or changes in ownership of healthcare providers. The comprehensive spreadsheet allows side-by-side comparisons of the level of legal authority for each state to receive notice of impending transactions, review those transactions, and approve, conditionally approve, or disapprove them. …
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The Source Roundup: August 2021 Edition
Hannah Park, Student Fellow August 2, 2021
The COVID-19 pandemic has caused the American healthcare system to undergo drastic changes in a matter of months. Coupled with a new presidential administration, the health care system is likely to evolve. The Biden administration has already taken action on a number of key health policy areas in which significant changes might occur. In light of these changes, health policy experts are thinking about what health care will look like in the post-pandemic world. This month’s Roundup covers new research on 1) the impact and benefits of the No Surprises …
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