HEALTHCARE MARKETS
Spotlight on State: Minnesota
Amy Y. Gu, Managing Editor August 12, 2021
This is part of a series of summaries that highlight notable legislation and initiatives in health policy and reform of all 50 states. Check back on The Source as we roll out additional states each week. See Minnesota page. Minnesota’s active legislative efforts aimed to increase healthcare price transparency and cost containment demonstrate the state’s commitment to improve its health care system. A leader in price transparency, the state has an active All-Payer Claims Database (APCD), which has been expanded to study cost, quality, and utilization. The state mandates that …
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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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Spotlight on State: Oregon
Michele Ellson, Student Fellow July 23, 2021
This is part of a series of summaries that highlight notable legislation and initiatives in health policy and reform of all 50 states. Check back on The Source as we roll out additional states each week. See Oregon page. Oregon is a leader in efforts to provide affordable, high-quality health care to every state resident. State lawmakers approved a proposed constitutional amendment that would provide Oregon residents the right to cost-effective, appropriate, and affordable health care, which will go to the voters. Lawmakers have also tasked the state health authority …
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Spotlight on State: Alaska
Amy Y. Gu, Managing Editor July 21, 2021
This is part of a series of summaries that highlight notable legislation and initiatives in health policy and reform of all 50 states. Check back on The Source as we roll out additional states each week. See Alaska page. According to data from the Council for Community and Economic Research, health services in Alaska are 70 – 200 percent more expensive than the national average. Many pressures influence Alaska’s health-care costs. They include expenses related to recruiting providers from out of state, lack of competition, the state’s small population. In …
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Spotlight on State: Alabama
Amy Y. Gu, Managing Editor July 19, 2021
This is part of a series of summaries that highlight notable legislation and initiatives in health policy and reform of all 50 states. Check back on The Source as we roll out additional states each week. See Alabama page. Alabama is one of the few states that prohibits most non-compete provisions in employment contracts for professionals, which include physicians. Specifically, the courts held that statutory exemptions allowing non-competes in employment contracts do not apply to professionals and that physicians and other medical providers are professionals under state law. While the …
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Spotlight on State: Rhode Island
Michele Ellson, Student Fellow and Amy Y. Gu, Managing Editor July 15, 2021
This is part of a series of summaries that highlight notable legislation and initiatives in health policy and reform of all 50 states. Check back on The Source as we roll out additional states each week. See Rhode Island page. Rhode Island is an active state in advancing innovative policy initiatives to promote healthcare competition, price transparency, and cost containment. The state has long operated an all-payer claims database and additionally requires hospitals to provide patients with a cost estimate of anticipated services. The state also provides some limited protections …
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