Regulatory

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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NC Senate Bill Would Give Attorney General More Oversight Over Health-Care System Deals

Abipartisan state Senate bill would require health-care systems to submit acquisition and merger proposals for state attorney general review before reaching any agreement. Senate Bill 16, titled “Preserving Competition and Health Care,” was filed Wednesday. Mark Hall, a professor of Law and Public Health at Wake Forest University, said SB16 “aims to give the attorney

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PPMs, Take Note: FTC Proposed Rule Banning Noncompetes May Have Significant Industry Impact

On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule that would prohibit employers from using noncompete agreements with their employees or independent contractors. Noncompete agreements are prevalent in the physician practice industry, as stakeholders have long recognized the importance of noncompetes as a tool for physician alignment. Physician employers, such as

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Sen. Elizabeth Warren Urges FTC to ‘Scrutinize’ Two Pharma Buyouts

Sen. Elizabeth Warren (D-MA) is calling on senior Federal Trade Commission officials to “closely scrutinize” two proposed pharma mergers. Warren expressed concern over “rampant consolidation in the pharmaceutical industry,” in particular Amgen’s $28 billion plans to take over Horizon Therapeutics, and Indivior’s proposed acquisition of Opiant for $145 million upfront, in a letter to FTC

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Minnesota Attorney General Calls for Delay in Sanford-Fairview Merger Timeline

Minnesota Attorney General Keith Ellison has asked for Sanford and Fairview to slow down their proposed mega-merger, saying a scheduled closing for the transaction on March 31 is coming too soon to address questions about the deal. Deputy Attorney General John Keller disclosed the request Wednesday night during a public meeting in Worthington. Keller cited

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CMMI Director Liz Fowler: Expect Advance Primary Care, Total Cost Models to Be Released in 2023

The Biden administration is planning to release three to four new payment models on advance primary care and another enabling states to assume the total cost of care for Medicare, a top official shared. Center for Medicare and Medicaid Innovation (CMMI) Director Liz Fowler, Ph.D., detailed the center’s plans for this year during the Value-Based

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