Court Upholds FTC’s Aggressive Position on Anti-Competitive Acquisitions by Hospitals
As part of the recent tidal wave of physician practice groups being swallowed up by ever-growing hospital systems, the Federal Trade Commission (the “FTC”) has taken an increasingly aggressive position that certain acquisitions threaten trade, are anti-competitive, and must be divested. Most recently, last month, the influential federal Ninth Circuit Court of Appeals issued an […]
Provider Chosen by Patient From Brochures Given by Physician is a Prohibited Referral Under Anti-Kickback Statute
While a physician’s direct referral to a patient of a certain provider is the traditional definition of a “referral” prohibited by the Anti-Kickback Statue, the federal Seventh Circuit Court of Appeals recently found a prohibited “referral” in an instance where a physician merely authorized services despite providing patients with 10-20 brochures for various service providers […]
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