FAH Hospital Policy Blog

Perspectives on health policy affecting America's hospitals and the patients we serve.

Regulatory Relief | 340B | FAH Policy Blog Team

FAH Urges DOJ/FTC Action on Anti-Competitive Laws and Regulations  

Today, FAH submitted comments to the Federal Trade Commission (FTC) and Department of Justice, Antitrust Division (together, the Agencies) on the Requests for Public Comment Regarding Reducing Anti-Competitive Regulatory Barriers.  FAH comments highlighted various federal and state laws and regulations that harm competition in the healthcare sector, and urged the Agencies to:

  • Rescind the FTC noncompete rule.
  • Expand eligibility for the 340B drug pricing program to all entities regardless of tax-paying status.
  • Guard against the growth of State “mini-Hart-Scott-Rodino” premerger notification requirements for certain transactions in the healthcare industry, or, at a minimum, advocate for efficiency and harmonization among these laws and with federal law.
  • Enforce the No Surprises Act‘s independent dispute resolution (IDR) process and create incentives for health care insurers to negotiate in good faith and comply with the law.
  • Ensure the existing ban on physician-owned hospitals is preserved, as the ban promotes competition.

You can read the entire letter here.