Tag Archives: Patricia Wagner

Changes to HHS’ Interpretation of HIPAA Civil Monetary Penalties

On Friday April 26, 2019, the US Department of Health and Human Services (“HHS”) issued a notification regarding HHS’ use of Civil Monetary Penalties (“CMP”) under the Health Insurance Portability and Accountability Act (“HIPAA”) as amended by the Health Information Technology for Economic and Clinical Health (“HITECH”) Act.

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AT&T/Time Warner Merger Approval Will Spur Vertical Mergers in Health Care

Tuesday’s decision by Judge Richard Leon of the U.S. District Court for the District of Columbia categorically approving the merger of AT&T and Time Warner, without imposing any conditions or limitations and rejecting granting a stay for appeal purposes, will, unless blocked if there is an appeal, open the way for a series of pending vertical merger deals.

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ILN Today Post

Is Your Agreement Non-Exclusive in Name Only?

The legality of certain collaborative arrangements and contracts often rises and falls on whether the relationship between the parties involved is exclusive or non-exclusive. For example, the issue of exclusivity often determines whether an ACO or other network is deemed to be over-inclusive and, therefore, able to exercise market power, or the foreclosure effects of a contractual relationship between a dominant provider and a payor might unreasonably harm competition.

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ILN Today Post

When Conversation Becomes an Antitrust Violation

Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a)(1), provides the Federal Trade Commission (“FTC”) with broad authority to address “unfair methods of competition.” Although Congress chose not to define the specific conduct that constitutes unfair methods of competition, Section 5 provides a green light to the FTC to address acts and practices “that contravene the spirit of the antitrust laws and those that, if allowed to mature or complete, could violate the Sherman or Clayton Act.”

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ILN Today Post

How to Avoid “Gun Jumping” in Corporate Transactions

Until closing, parties to a merger, acquisition, or similar transaction must remain independent competitors. Failure to do so is known as “gun jumping” and can be a simultaneous violation of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”) and Section 1 of the Sherman Act.

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ILN Today Post

No-Poaching Agreements Under DOJ’s Microscope: Criminal Indictments May Be Next

In October 2016, the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission jointly issued their Antitrust Guidance for Human Resource Professionals (“Guidance”). As stated in its prologue, the Guidance “is intended to alert human resource professionals and others involved in hiring and compensation decisions to potential violations of the antitrust laws,” particularly as these laws relate “to competition among firms to hire employees.”

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