Regulatory

FTC Reportedly Hiring Outside Economists to Probe Amazon’s One Medical Deal

Amazon’s One Medical deal could be hitting a major snag as the Federal Trade Commission is reportedly stepping up scrutiny into the proposed $3.9 billion acquisition. SeekingAlpha reported on Feb. 3 that the FTC has allegedly hired outside economists to review the deal. The Wall Street Journal and Bloomberg also reported on Friday that the […]

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2024 New York Budget Proposes Wide-Ranging Transaction Approval Requirement That Targets Private Investment in Physician Practices and MSOs, and Permits DOH to Extract Concessions

On February 1, 2023, New York Governor Kathy Hochul announced the 2024 Executive Budget. As alluded to in the Governor’s State of the State address, and as described in an earlier Proskauer Health Care Law Brief article, the Governor is proposing to adopt a wide-ranging approval requirement for health care transactions that appears to target

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More Money for Mental-Health Programs Gets Bipartisan Support in Many States

Governors and lawmakers in a number of states are pushing for billions of dollars in funding increases for mental health this year, as Republicans and Democrats alike say that a shortage of available services has reached crisis levels. The budget proposals seek to address the nationwide scarcity of mental-health workers, the mental-health needs in schools

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Surrounding States ‘Warily Eyeing’ California’s Evolving Hospice Laws

As California pursues hospice licensing reform, some providers in other states are watching for similar actions closer to home. In December, California Gov. Gavin Newsom (D) approved legislation that tightened hospice oversight in the state. This includes establishing a moratorium on new hospice provider licenses until the California Department of Public Health (CDPH) sets emergency

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DOJ Withdraws ‘Outdated’ and ‘Overly Permissive’ Healthcare Antitrust Enforcement Guidance

The Department of Justice’s (DOJ’s) Antitrust Division has withdrawn three “outdated” policy statements on antitrust enforcement in healthcare, according to a Friday notice. The statements initially released in 1993, 1996 and 2011 (PDF) outlined circumstances in which the DOJ and the Federal Trade Commission would or would not challenge transactions related to hospitals and physicians’

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More Info, Please: FTC Sends Amgen, Horizon a Second Request for Info as It Looks over Proposed Merger

Amgen’s $28.3 billion acquisition of Horizon Therapeutics won’t go through without a hefty review from U.S. antitrust watchdogs. Tuesday, the companies revealed that they have received a second request for information from the Federal Trade Commission (FTC) as the agency scrutinizes the deal. Amgen and Horizon intend to promptly respond to the request, Horizon said

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As Outpatient Facilities Proliferate, So Too Does Scrutiny

Physicians working in an outpatient setting, whether that’s an office-based lab (OBL) or ambulatory surgery center (ASC), face increasing scrutiny over whether the procedures they perform are done with the patients’ best interests in mind. Here at ISET 2023, one lawyer described the legal landscape, with advice on how to avoid getting embroiled in trouble.

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COVID-19 Public Health Emergency to End in May, but Several Behavioral Health Flexibilities Will Remain

The Biden administration late Monday announced the public health emergency (PHE) will officially end on May 11. The PHE has, in many ways, changed the game for behavioral health operators over the past three years. Among its impacts, it relaxed several regulations while notably expanding telehealth and medication-assisted treatment (MAT) access. Although the end of

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