Healthcare Antitrust: State Regulatory Changes, Repeal of Antitrust Exemption, Implications of BCBS Settlement

Recording of a 90-minute CLE video webinar with Q&A


Conducted on Tuesday, March 2, 2021

Recorded event now available

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Course Materials

This CLE course will guide healthcare counsel on recent antitrust developments and the implications for the healthcare industry. The panel will discuss state regulatory changes and the repeal of the antitrust exemption for health insurers, as well as recent litigation. The panel will also discuss what healthcare antitrust enforcement will look like under the new administration.

Description

Healthcare was the focus of many due to the pandemic in 2020. The industry also saw significant developments in healthcare antitrust and more are expected in 2021. Healthcare saw an unprecedented level of antitrust enforcement by both state and federal regulators. State regulators proposed new legislation that would impact the review of future healthcare transactions.

The federal agencies issued long-awaited guidance regarding their review of vertical transactions.

In November 2020, Blue Cross and Blue Shield announced a proposed settlement of class action antitrust litigation. The settlement includes a $2.67 billion payment to the plaintiff class and significant changes to how they operate. Separately, the Third Circuit affirmed the district court's rejection of the FTC's and Pennsylvania's efforts to enjoin a proposed merger between Thomas Jefferson University and the Albert Einstein Healthcare Network.

Listen as our authoritative panel of healthcare attorneys examines recent developments impacting healthcare antitrust and the implications for healthcare providers and others in the healthcare industry. The panel will discuss state regulatory changes and the repeal of the antitrust exemption for health insurers provided under the McCarron-Ferguson Act. The panel will also review DOJ and FTC litigation and the recent BCBS settlement. The panel will also discuss what healthcare antitrust enforcement looks like under the new administration.

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Outline

  1. State regulatory changes
  2. Federal guidance on vertical mergers
  3. Repeal of the McCarran-Ferguson Act antitrust exemption for health insurers
  4. DOJ and FTC litigation
  5. Recent BCBS antitrust litigation settlement
  6. Implications of recent developments
    1. For healthcare antitrust
    2. For healthcare providers and other entities
  7. Biden administration approach to healthcare antitrust

Benefits

The panel will review these and other key issues:

  • Changes to healthcare antitrust enforcement at the state and federal level
  • Implications of the BCBS antitrust litigation settlement
  • Healthcare antitrust under the Biden administration

Faculty

Greer, Michael
Michael R. Greer

Shareholder
Hall Render Killian Heath & Lyman

Mr. Greer focuses his practice in the areas of antitrust law and managed care contracting. As part of his antitrust...  |  Read More

Steren, E. John
E. John Steren

Member
Epstein Becker & Green

Mr. Steren devotes a significant portion of his practice to helping healthcare organizations manage the antitrust risks...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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