Navigating Antitrust Scrutiny of Health Systems and Beyond

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According to a new report by the Health Care Cost Institute, nearly three-quarters of 112 metropolitan areas across 43 states have “highly concentrated” hospital markets—showing a rise of such areas from 67% in 2012 to 72% in 2016. And in today’s regulatory environment, this trend shows no sign of deceleration as health systems grapple with reimbursement, cost and other mission critical pressures.

This M&A activity is set against a backdrop of intensive antitrust scrutiny. The Federal Trade Commission (FTC) and often state attorneys general reviews are much more challenging than they were just two years ago. Join McDermott’s healthcare antitrust team as they discuss and offer insight on what health systems and other healthcare players can do to get their next deal through. Topics include first-hand observations on various government practices, including:

• Greater willingness to investigate discrete individual overlapping service lines and increasingly narrow geographic areas;
• Growing reliance on econometric tools and economic analysis in their reviews;
• Analytical approach toward markets where narrow and tiered networks are on the rise; and
• Assessment of how local ACOs or CINs may factor into competitive effects analysis of a health system merger.

For questions, please contact Julia Berman.