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March 22, 2024

DOJ, FTC, and HHS Request Information About Private Equity and Other Health Care Transactions

On March 5, 2024, the Department of Justice's Antitrust Division, the Federal Trade Commission, and the Department of Health and Human Services jointly issued a Request for Information about transactions involving health care providers, facilities, or providers of ancillary products or services (for example, laboratories, billing, or staffing services) and private equity funds (or other alternative asset managers), private payers, or health systems. The agencies seek written responses from market participants, stakeholders, and the public on these transactions, including transactions that would not be reported for antitrust review under the Hart-Scott-Rodino Antitrust Improvements Act. The RFI specifically invited responses to the following questions:

  • How have these transactions affected patients, public and private payers, providers, health care workers and support staff, and employers who provide health insurance for their employees?
  • What were the goals and objectives of the transactions and whether those goals and objectives have been met?
  • Whether there are particular types of entities associated with adverse impacts or particular providers or facilities that are most often the target of harmful transactions?
  • What action should the government take to address these issues?
  • Whether there are any other impacts from health care market transactions stakeholders or the public would like to report?

Responses to the RFI are due on or before May 6, 2024. Those responses may be submitted via using Docket No. ATR 102.

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