FTC Investigations Could Bring Unwanted Scrutiny to Hospitals

January 18, 2019 | Rivkin Rounds Staff | Affordable Care Act | Antitrust | Hospitals | Legislation and Public Policy | Litigation | Private Insurers

An article in Relias Media’s Healthcare Risk Management newsletter, “FTC Investigations Could Bring Unwanted Scrutiny to Hospitals,” discussed potential investigations of hospitals’ anti-competitive behavior by the Federal Trade Commission.  Rivkin Radler’s Robert H. Iseman was featured prominently in the article.

Bob noted that hospitals and health systems that are considered “must-have” participants in health insurance plans face a heightened risk of antitrust enforcement. “Must-have” status generally indicates that the health system possesses “market power” in its geographic area. Bob also discussed the recent regulatory focus on anti-steering provisions, which may prevent payers from directing patients to different plans or lower-cost providers.

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