American Hospital Association February 3, 2023
The Department of Justice today withdrew three policy statements on health care antitrust enforcement, saying they are “overly permissive on certain subjects, such as information sharing,” and that “a case-by-case enforcement approach” would allow it to better evaluate health care mergers and competition.
The policies include a 1993 statement describing circumstances under which DOJ and the Federal Trade Commission would not challenge certain hospital mergers and health care joint ventures; a 1996 statement on health care provider networks; and a 2011 statement regarding accountable care organizations participating in the Medicare Shared Savings Program.
“AHA is deeply disappointed with the precipitous withdrawal of guidelines...
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