Last week, on April 18, several federal agencies jointly launched a “one-stop shop” to facilitate reporting of allegedly anticompetitive behavior in the health care sector. While there has always been a complaint portal for the antitrust agencies, the Federal Trade Commission (FTC), the U.S. Department of Health and Human Services (HHS), and the Antitrust Division
antitrust
Antitrust and Health Care Fraud Enforcers Launch Inquiry into Private Equity Ownership in Health Care
The Federal Trade Commission (FTC), the Department of Justice’s Antitrust Division, and the U.S. Department of Health and Human Services jointly announced a cross-government inquiry into the impact of private equity investment and other forms of “corporate greed” in the health care sector. As part of the announcement of this effort, the agencies produced a…
New York Passes Health Care Transaction Notice Requirements
On May 3, New York Governor Kathy Hochul signed into law provisions that will require health care entities to submit a notification to the state Department of Health (DOH) providing information about any material transaction involving that health care entity.
The law, passed as part of the state’s budget, was originally crafted to give the DOH authority to review and approve those transactions. Ultimately, following several iterations during the legislative process, that approval power was stripped out by the state general assembly and replaced with the current notice requirement.
The law will take effect on August 1, 2023 and states on its face that it will apply to all “material transactions” involving health care entities that close on or after that date. That said, the requirements for transactions that close between August 1 and August 31 are a somewhat open question, given the 30-day notice requirement in the law. The DOH is tasked by the law with creating regulations that may address this situation.Continue Reading New York Passes Health Care Transaction Notice Requirements
Congress’s approval of Competitive Health Insurance Reform Act (CHIRA) could mean significant antitrust changes for health insurers
By William J. Sheridan & Gregory Vose on
The U.S. Senate recently voted unanimously to approve the Competitive Health Insurance Reform Act (Act), which the House of Representatives had already passed earlier in the fall. Currently, health insurers have federal antitrust immunity under the McCarran-Ferguson Act for state-regulated activity that constitutes the business of insurance. Should President Trump opt to sign CHIRA into…
Upcoming Congressional Hearings to Focus on Health Coverage, Surprise Billing, and Vertical Integration
By Debra A. McCurdy on
On June 12, 2019, three Congressional committees have scheduled hearings on health care policy topics:
- The House Ways and Means Committee will hold a hearing entitled “Pathways to Universal Health Coverage.”
- The House Energy and Commerce Health Subcommittee will hold a hearing entitled “No More Surprises: Protecting Patients from Surprise Medical Bills.”
- The Senate Judiciary
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Congressional Hearings on Drug Pricing, Other Health Policy Topics
By Debra A. McCurdy on
As we have previously reported, prescription drug pricing is an early focus for Congressional hearings this year. This week the Senate Finance Committee held its second hearing on drug pricing, and the following hearings are on the schedule next week:
- On March 7, 2019, the Ways and Means Health Subcommittee is holding a hearing
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Congressional Hearings on Federal Health Policies
By Debra A. McCurdy on
A number of recent Congressional hearings focused on federal health policies, including the following:
- House Energy and Commerce Committee hearings on the impact of health care consolidation, oversight of the Department of Health and Human Services (including the Trump Administration’s HHS budget request), and drug compounding.
- Ways and Means Committee hearings on President Trump’s HHS
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House Overwhelmingly Approves Insurance Antitrust Reform Legislation
By Debra A. McCurdy on
The House of Representatives has approved HR 372, the Competitive Health Insurance Reform Act of 2017, which would repeal the antitrust exemption for health insurance companies provided under the McCarran-Ferguson Act (although the antitrust exemption for certain collaborative activities between health insurance businesses would be retained). HR 372 was approved by a vote of…