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In-house and outside counsel, compliance officers, privacy officers, reimbursement specialists, accountants, consultants, and others who advise physicians and hospitals and health systems will benefit from the education sessions and networking opportunities at the Physicians and Hospitals Law Institute. AHLA is pleased to bring you 25 expert-led sessions that will focus on the legal, regulatory, transactional, and compliance challenges faced by physicians and by hospitals and health systems.

Feb. 11 — 2:45-3:45 pm EST
Health Care Antitrust–Holy Cow!! Hot Topics in 2021

Panelists: Dionne C. Lomax, Christine L. White

While 2020 was unusual in many ways, the level of health care antitrust enforcement stemming from state and federal antitrust regulators was unprecedented. We saw state antitrust enforcers continue to take leading roles to combat alleged anticompetitive activity by providers, while state regulatory bodies proposed various types of legislation that could have a measurable impact on the review of health care transactions in the future. The federal agencies issued long awaited guidance regarding their approach when reviewing vertical transactions, and the Department of Justice updated its guidance regarding the development and implementation of effective corporate compliance programs. If that isn’t enough, just days before the end of the year, the Third Circuit Court of Appeals–the same circuit that previously affirmed the FTC’s challenge in the Pinnacle-Hershey hospital merger case–affirmed a district court’s rejection of the FTC and State of Pennsylvania’s attempt to enjoin a proposed merger between Thomas Jefferson University and the Albert Einstein Healthcare Network. This session will address these and other issues, including, but not limited to:

  • State regulatory changes and proposed legislation (New York 21st Century Antitrust Act, California SB 977 and legislation in Connecticut and Washington), and the impact on local and regional M&A activity
  • The repeal of the McCarran-Ferguson antitrust exemption for health insurance companies, and how it may impact the industry as a whole
  • Assessment of the Biden administration’s likely agenda and health care antitrust enforcement priorities
  • DOJ no-poach ongoing litigation (e.g., U.S. v. Geisinger Health and Evangelical Community Hospital)
  • Analysis and reading the tea leaves on the FTC’s lawsuit to block Hackensack Meridian Health, Inc.’s proposed acquisition of Englewood Healthcare Foundation
  • The implications of the recent Blue Cross Blue Shield antitrust litigation settlement