Upcoming Workshop to Address Most-Favored-Nation- Clauses - Just Announced
On August 17, 2012, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) announced that they will hold a joint public workshop addressing insurers’ use of most-favored-nation clauses (“MFNs”). The all-day workshop will be held on September 10, 2012 in Washington DC and will be in-person, free and open to the public. At the workshop, the agencies intend “to explore the use of MFN clauses and the implications for antitrust enforcement and policy.” The workshop will also include a series of panel discussions examining the legal treatment of MFNs, the economic theories concerning MFNs, and their impact upon the health care industry.
In October of 2010, the DOJ put its spotlight on MFNs by filing a civil antitrust lawsuit against Blue Cross Blue Shield of Michigan (“BCBSM”). In its lawsuit, the DOJ alleged that BCBSM’s use of MFNs raises hospital prices, prevents others insurers from entering the marketplace and discourages discounts. The DOJ continues to aggressively pursue the lawsuit, which has served as the basis for various class action lawsuits against BCBSM and health care providers. The announcement of the workshop again highlights the increased scrutiny that regulators have placed upon third party payors’ use of MFNs and will likely cover the legal theories at the forefront of the litigation currently taking place in Michigan.
For more information on the antitrust implications of MFNs, please contact Jennifer Kildea Dewane at (517) 371-8211 or by using the form below.
Categories: Hospitals, Insurance, Physicians
Posted by: Jennifer Kildea Dewane
Categories
- News
- Pharmacy
- Privacy
- Legislative Updates
- Regulations
- Medicaid Planning
- COVID-19 and Workers' Compensation
- Employment
- Contracts
- Health Care Reform
- Long-Term Care
- 6th Circuit Court of Appeals
- Hospitals
- Licensing
- Insurance
- Billing/Payment
- Criminal
- Medicare
- HITECH Act
- Did you Know?
- Employee Benefits
- Electronic Health Records
- Patents
- Cybersecurity
- Physicians
- Regulatory
- Retirement
- Tax
- Audits
- Digital Assets
- Accountable Care Organizations
- Compliance
- Providers
- News & Events
- Department of Labor
- Health Insurance Exchange
- Alerts and Updates
- HIPAA
- Affordable Care Act
- Workers' Compensation
- Medicare/Medicaid
- Technology
- Lawsuit
- Fraud & Abuse
- Hospice
- Labor Relations
Best Lawyers® 2021
Congratulations to the attorneys of the Health Care practice group at Foster Swift Collins & Smith, PC for their inclusion in the Best Lawyers in America 2021 edition. Firm-wide, 44 lawyers were listed. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation and as lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Health Care practice group members listed in Best Lawyers are as follows:
- Jennifer B. Van Regenmorter, Holland
To see the full list of Foster Swift attorneys listed in Best Lawyers 2021, click here.