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.