Washington, D.C., partner Rob McCann recently authored for the 2013 Health Law Handbook a chapter on antitrust considerations relative to physician alignment trends.
In the chapter, titled “Hospital-Physician Integration and the Antitrust Laws,” Rob provides background on that trend and also discusses the impact of the Affordable Care Act on consolidation. Rob’s discussion centers on how various ACOs and other integration, acquisition and combination models work; what considerations need to be weighed when entering such an agreement; and how antitrust regulations impact each.
Rob concludes in the chapter that integrated health systems need to be mindful that growing market share through consolidation efforts brings with it the possibility of antitrust risk. He cites several different actions brought by the FTC and DOJ to highlight heightened antitrust attention these matters are receiving.
“There is a certain sense of déjà vu for those who participated in the Clinton-era health reform debates and the 1990's “integrated delivery system” movement,” Rob writes. “However, this time around, the structural consolidation aspect of reform is far more pronounced, and that consolidation presents unique antitrust considerations.”
This is the 25th issue of the Health Law Handbook, which is compiled by national health law experts. It has long been considered an important resource on cutting-edge issues in health law. The 2013 edition of the book includes 13 chapters, including fraud and abuse, protecting health information, provider alignment, physicians and non-physician practitioners, medicare secondary payer law and health care facility leases.
Rob has practiced law in the health care field since 1978. His experience includes representation as general counsel or special antitrust counsel to health care clients in mergers and acquisitions, providing pre-transaction counseling and strategic positioning advice, and shepherding transactions through the federal pre-merger notification process under the Hart-Scott-Rodino Act. Rob has represented hospitals and health systems as well as PHOs and physician organizations, in federal and state antitrust investigations and litigation.