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FTC, California Legal professional Basic Sue to Block John Muir-Tenet Deal


The Federal Commerce Fee, joined by the California Legal professional Basic’s workplace, sued to dam John Muir Well being’s proposed $142.5 million deal to accumulate sole possession of San Ramon Regional Medical Heart LLC from present majority proprietor Tenet Healthcare Corp., saying the deal would drive up healthcare prices.

The Fee issued an administrative criticism and approved a lawsuit in federal court docket alleging the proposed acquisition would eradicate head-to-head competitors between John Muir Well being and close by San Ramon Regional Medical Heart. John Muir and San Ramon Medical function in California’s I-680 hall, which spans Contra Costa and Alameda Counties within the San Francisco Bay Space.

The FTC argues that the deal would enable John Muir to demand increased charges at its two hospitals in addition to San Ramon Medical for inpatient basic acute care companies (GAC), that are a broad vary of important medical, surgical, and diagnostic companies that require an in a single day hospital keep. “The elimination of competitors between John Muir and San Ramon Medical would additionally scale back incentives for these hospitals to spend money on high quality enhancements,” the FTC stated.

“San Ramon Regional Medical Heart has performed an necessary function in guaranteeing Californians within the I-680 hall have entry to high quality, reasonably priced take care of essential well being care companies, equivalent to cardiac surgical procedure and childbirth,” stated Henry Liu, director of the FTC’s Bureau of Competitors, in a press release. “John Muir’s acquisition of San Ramon Medical would improve already excessive well being care prices within the space and threaten to stall high quality enhancements that assist advance take care of all sufferers.”

The FTC and the California Legal professional Basic’s workplace carefully cooperated all through the investigation and can collectively file a criticism in federal district court docket.

John Muir Well being, a nonprofit company headquartered in Walnut Creek, Calif., operates two hospitals that present inpatient GAC companies alongside the I-680 hall. Dallas-based Tenet operates 61 basic acute-care hospitals and tons of of outpatient amenities nationally, together with quite a few amenities in California.

Presently, Tenet operates San Ramon Medical and holds a 51 p.c curiosity within the medical heart, whereas John Muir owns a 49 p.c non-operating curiosity in San Ramon Medical. Below the phrases of the proposed deal, John Muir would purchase Tenet’s remaining curiosity in San Ramon Medical and would turn out to be its sole proprietor and operator.

The criticism alleges that the proposed deal would enable John Muir to regulate greater than 50 p.c of the marketplace for inpatient GAC companies offered to industrial insurers and their enrollees within the I-680 hall, eliminating competitors between John Muir and San Ramon Medical. 

The FTC stated that at the moment, San Ramon Medical is a lower-priced competitor searching for to supply inpatient GAC companies within the I-680 hall to enrollees. John Muir’s hospitals are shut opponents to San Ramon Medical when it comes to each affected person choice and geographic location, in line with the criticism. The FTC argues that the proposed acquisition would result in increased insurance coverage premiums, co-pays, deductibles, and different out-of-pocket prices, or decreased advantages for industrial medical insurance enrollees, the criticism alleges.

Along with submitting an administrative criticism, FTC workers can even ask a federal court docket to situation a short lived restraining order and preliminary injunction to forestall John Muir from taking management of San Ramon Medical pending the company’s administrative continuing.

The Fee vote to situation the executive criticism and authorize workers to hunt a short lived restraining order and preliminary injunction was 3-0.

“We’re in court docket as we speak difficult John Muir Well being’s anticompetitive acquisition of San Ramon Regional Medical Heart, as a result of when healthcare markets illegally consolidate, sufferers pay the value,” stated California Legal professional Basic Rob Bonta, in a press release. “On the California Division of Justice, guaranteeing that each Californian can entry high quality, reasonably priced care is a prime precedence. Aggressive markets assist maintain costs decrease. We are going to proceed to battle to make sure that Bay Space residents – and all Californians – can entry the reasonably priced healthcare they should dwell wholesome and comfortable lives.”

A information story within the Pleasanton Weekly quotes Mike Thomas, president and CEO of John Muir Well being: ”We’re upset by the FTC’s determination, and are discussing our choices and subsequent steps, together with difficult the choice in court docket. We imagine the proposed acquisition would profit our neighborhood, caregivers and sufferers, in addition to John Muir Well being, San Ramon Regional Medical Heart, and Pleasanton Diagnostic Imaging.”

In accordance with the article, “John Muir officers stated that the acquisition had been poised to enhance companies and affected person outcomes by extending present packages and practices at John Muir to the San Ramon hospital and investing in it with the aim of lowering the probability that sufferers would wish to go away the realm for care.”

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