A California jury recently rejected antitrust claims brought by a class of California consumers seeking more than $400 million in damages from Sutter Health, a large Northern California hospital system. The case, Sidibe v. Sutter Health, Cas. No. 12-04854, N.D.
Homeostasis: Dykema’s Health Care Law Blog
News and analysis of recent legal developments, discussing industry trends, and providing valuable information for health care businesses and professionals
Homeostasis: Dykema’s Health Care Law Blog, published by Dykema, focuses on legal issues affecting the healthcare industry. The blog covers topics such as antitrust litigation involving hospital systems, regulatory compliance including False Claims Act enforcement, healthcare mergers and acquisitions, government investigations, and policy developments like vaccine mandates for healthcare facilities. It also addresses the impact of federal agency guidelines and court decisions on healthcare providers, insurers, and related entities. The blog provides updates on litigation outcomes, regulatory changes, and enforcement trends relevant to healthcare law practitioners and industry stakeholders.
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Latest from Homeostasis: Dykema’s Health Care Law Blog
DOJ False Claims Act Recoveries Hit $5.6 Billion for Fiscal Year 2021; Healthcare Industry Remains Biggest Target
The U.S. Department of Justice (DOJ) announced recoveries of more than $5.6 billion in False Claims Act settlements and judgments in fiscal year 2021. This amount is a staggering increase from the $2.2 billion recovered during fiscal year 2020 and…
New Merger Guidelines Could Have Significant Impact on Healthcare Transactions
By James Burns
The Federal Trade Commission and the DOJ Antitrust Division recently announced that they would be reviewing, and likely revising, the Horizontal Merger Guidelines – the guidelines used by the agencies when assessing whether a proposed transaction may have adverse impacts…
U.S. Supreme Court Upholds the CMS COVID-19 Vaccine Mandate
On January 13, 2022, the United State Supreme Court upheld the Department of Health and Humans Services (“HHS”) Centers for Medicare and Medicaid Services (“CMS”) COVID-19 vaccine mandate for staff working at Medicare-participating health care facilities. HHS/CMS had issued an…
Dialysis Provider Becomes the First Entity Subjected to the FTC’s New Restrictions on Future Mergers
By James Burns
The Federal Trade Commission (FTC) announced in July of this year that, going forward, whenever merging parties settled an FTC merger challenge, the settlement would impose restrictions on the ability of the merging parties to consummate any future acquisitions, regardless of size,…
Important Enforcement Updates on No Surprises Act and Transparency Requirements
Health plans and insurers will have a little more time to comply with some of the multitude of new requirements under the Consolidated Appropriations Act (“CAA”). On August 20, 2021, the Departments of Labor, Health and Human Services, and the…
California Attorney General Settlement of Hospital Merger Challenge Potentially Raises the Stakes for Hospital Mergers Nationwide
By James Burns
A California Superior Court recently approved the settlement of a hospital merger challenge brought by the California Attorney General’s Office against Cedars-Sinai Health System and Huntington Hospital. The action – and subsequent settlement – is noteworthy for at least two…
Biden Executive Order Calls out the Healthcare Industry for More Vigorous Antitrust Scrutiny
By James Burns
Claiming that “federal inaction” has caused a weakening of competition in many U.S. industries, on July 9 President Biden issued an Executive Order directing the Attorney General and the Chair of the Federal Trade Commission to “vigorously” enforce the antitrust…
New COVID-19 Vaccine Requirements for Nursing Homes
On May 13, 2021, the Centers for Medicare and Medicaid Services (“CMS”) published an interim final rule with comment period addressing COVID vaccine education, administration, and reporting requirements for nursing homes. Designed to reduce the spread of COVID-19, the rule…
Senate Antitrust Subcommittee Turns the Spotlight on Hospital Consolidation
By James Burns
While much of the antitrust world is focused on the actions brought by federal and state antitrust regulators against “big tech,” the Senate Judiciary Subcommittee on Competition Policy, Antitrust and Consumer Rights recently held a hearing to consider the impact…