A Primer of Antitrust Issues Surrounding COVID

In these unprecedented times, hospitals are faced with disruptions in every aspect of how they operate, including how they collaborate with other providers, approach volatile labor markets, and manage procurement in an effort to meet COVID-related challenges. Because all of these activities may involve antitrust issues, it is important to understand how antitrust law applies to healthcare providers, particularly at a time when enforcement agencies have signaled that they are carefully watching the sector. Underscoring that healthcare is a top focus of antitrust enforcement in the COVID era, the Federal Trade Commission and the U.S. Department of Justice Antitrust Division recently issued two joint statements: 

· The first sets forth a system for getting expedited guidance from antitrust enforcers, recognizing that companies, including healthcare providers, need clarity on how the antitrust laws apply to COVID-related initiatives.  

· The second underscores that the antitrust enforcers will be looking carefully at activity in labor markets, including in healthcare, and specifically at employer conduct that may unreasonably depress competition. 

Join us at this webinar to refresh your understanding of how the antitrust laws apply in healthcare and gain a practical understanding of how to prioritize compliance messaging and reinforce policies and procedure to ensures that you are effectively managing antitrust risk in a time of heightened enforcement.

FACULTY:

Holden Brooks, Partner, Foley & Lardner, LLP

Holden Brooks is a partner and litigation attorney at Foley & Lardner LLP, where her practice focuses on mergers and collaborations, complex litigation, criminal enforcement, and business and compliance counseling, primarily in healthcare. She is antitrust counsel to integrated health systems, as well as physician practices and other provider organizations, including clinically integrated networks.  Brooks is a member of the firm’s Antitrust and Business Litigation & Dispute Resolution Practices and the Health Care Industry Team.

Lawrence Vernaglia, Partner, Foley & Lardner, LLP

Lawrence Vernaglia is a partner and healthcare lawyer with Foley & Lardner LLP where he is the department chair for the firm’s Industry Teams Department, responsible for overall strategy and leadership across all industry teams. Prior to that, he served for eight years as chair of the firm’s Health Care Industry Team – which was named Health Law Practice of the Year by U.S. News three times during his tenure. Vernaglia represents hospitals, health systems and academic medical centers and a variety of other healthcare providers both in Massachusetts and nationally. His practice involves regulatory and transactional matters, including Medicare/Medicaid reimbursement compliance advice and appeals; mergers, acquisitions and financings; state regulatory issues, including licensing, change of ownership, and CoN/DoN; survey/certification appeals; fraud & abuse/Stark law analyses; managed care contracting; and general corporate and business planning in healthcare. He runs strategic planning programs for senior management and governing boards.  Vernaglia is also Outside Policy Counsel to the Massachusetts Health & Hospital Association.

elps

Date: Tuesday, April 21

Time: 12:00pm to 12:30pm

Location: WEBINAR (Dial in info will be sent on Tuesday)

PLEASE PRE-REGISTER HERE: