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Category Archives: Mergers, Acquisitions & Other Transactions

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Analysis of Health Insurer-Hospital Vertical Merger Submitted to ABA/AHLA Antitrust in Healthcare Conference

Posted in Antitrust, Hospitals & Health Systems, Mergers, Acquisitions & Other Transactions, Payors & PBMs

Christi Braun and Farrah Short have submitted a paper for the 2012 ABA/AHLA Antitrust in Healthcare Conference in which they discuss the proper role of antitrust enforcement in achieving today’s health care reform goals in the context of hospital-health insurer vertical mergers.  The paper focuses on the recent acquisition of the West Penn Allegheny Health System,… Continue Reading

Department of Justice Requires Divestitures to Preserve Competition for Medicare Advantage Plans

Posted in Antitrust, Mergers, Acquisitions & Other Transactions, Payors & PBMs, Uncategorized

Written by: Helen Kim and Robert Kidwell  Under a proposed settlement agreement with the Department of Justice (DOJ), private insurers Humana Inc. (Humana) and Arcadian Management Services, Inc. (Arcadian) must divest certain of Arcadian’s assets in parts of five states in order for Humana to proceed with its $150 million acquisition of Arcadian.  On March… Continue Reading

FTC Petitions for Rare Supreme Court Review of Hospital Acquisition

Posted in Antitrust, Hospitals & Health Systems, Mergers, Acquisitions & Other Transactions, State & Federal Audits, Investigations & Litigation

Written by Christi Braun, Matthew Cohen, and Bruce Sokler Last week, the Solicitor General, at the request of the Federal Trade Commission (FTC), petitioned the U.S. Supreme Court to review a ruling of the Eleventh Circuit regarding the acquisition of Palmyra Park Hospital (Palmyra) in Albany, Georgia by Phoebe Putney Health System (PPHS). In December 2010,… Continue Reading

Long Term Care & Senior Living Facilities, 7 Steps to Divesture Every Nonprofit Should Follow

Posted in Long-term Care/Skilled Nursing Facilities, Mergers, Acquisitions & Other Transactions, Uncategorized

Daria Niewenhous has co-authored an article appearing in the March 23, 2012 issue of Long Term Living Magazine entitled, 7 Steps to Divestiture Every Nonprofit Should Follow.  The first in a two-part series, this article discusses how a nonprofit can find an appropriate buyer (nonprofit or for-profit) and mutually agree upon the terms of the transation… Continue Reading

Rockford Rerun: FTC Sues to Stop Hospital Merger

Posted in Antitrust, Hospitals & Health Systems, Mergers, Acquisitions & Other Transactions, State & Federal Audits, Investigations & Litigation

My colleagues Christi Braun, Rob Kidwell, and Bruce Sokler have authored a health care antitrust advisory detailing an administrative complaint and a district court complaint recently filed by the FTC to block OSF Healthcare System’s proposed acquisition of Rockford Health System.  The FTC sees the merger as a rerun of the government’s successful challenge of a similar hospital merger in Rockford in… Continue Reading

When Is It Time to Pull the Plug in a Health Care Transaction?

Posted in Mergers, Acquisitions & Other Transactions, State & Federal Audits, Investigations & Litigation

The Deal Pipeline recently published my article entitled Pulling the Plug?, which discusses the important question that many buyers must face in health care transactions: when is it time to walk away from the potential acquisition of a health care company that is under government investigation?   The article provides some guidance on how to distinguish between a deal killer and… Continue Reading

House Subcommittee Hears Testimony on Health Care Industry Consolidation

Posted in Health Care Reform, Mergers, Acquisitions & Other Transactions

Written by Jared Alves, Kevin Kappel, and Stephanie Willis A House Ways and Means Health Subcommittee hearing on September 9th showed that the debate over the meaning of the terms “consolidation” versus “integration” in the health care context is more than petty semantics.  During a hearing titled “Health Care Industry Consolidation,” the majority of the participants testified that,… Continue Reading