Rhode Island: Legal and Regulatory Options for Addressing Health System Consolidation

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 and Senior Health Policy Researchers Robert Murray and Katie Gudiksen created a detailed presentation that first provides an overview of Rhode Island’s provider markets and FTC merger review standards. The slide deck then outlines regulatory options for the state, including 1) partnering with the FTC and joining in on its action; 2) independently challenging the merger with conditional approval or consent decree, or 3) using a certificate of public advantage (COPA), which allows the merger to proceed free from federal or state antitrust challenge so long as the state provides active supervision, but requires the state to pass a COPA legislation.

Read more about conditional approval/consent decrees and COPAs used in others states in the presentation. For more information and details on provider market consolidation, visit the Source Market Consolidation interactive key issue page.

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