On September 21, 2023, the Federal Trade Commission (FTC) sued U.S. Anesthesia Partners (USAP), a Texas-based anesthesia provider, and Welsh, Carson, Anderson & Stowe (Welch Carson), a private equity firm. The FTC alleged that the two companies executed an anticompetitive scheme for multiple years to consolidate anesthesiology practices in Texas, boost their profits, and drive up the price of anesthesia services rendered to patients. This Health Capital Topics article will discuss the lawsuit and how it appears to fit in with the FTC’s recent moves to crack down on anticompetitive actions in healthcare. (Read more...)

On September 25, 2023, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) published Advisory Opinion (AO) No. 23-06, evaluating a proposed purchase of the technical component of certain laboratories’ anatomic pathology services. In its opinion, the OIG concluded that the proposed arrangement may generate remuneration, which is prohibited under the federal Anti-Kickback Statute (AKS), and could result in the imposition of sanctions. (Read more...)

On October 13, 2023, the OIG published Advisory Opinion (AO) No. 23-07, approving a proposal from a physician practice to pay physician-employees bonuses based on profits earned from ambulatory surgery center (ASC) procedures performed by the physician-employees. The OIG concluded that the proposed bonus arrangement would not generate any remuneration that was prohibited because the arrangement met the requirements and was protected by a regulatory safe harbor for bona fide employees. (Read more...) 

Over the past two decades, there has been a rapid adoption of technological innovations in the U.S., which has fundamentally changed the healthcare delivery system. Health information technology infrastructure is integral to the success of ACOs, as well as data analytics. Large organizations may be able to utilize their relatively substantial resources, whether technological or financial, to lower expenditures using telehealth and advanced data analytics. This final installment of a five-part series on the valuation of ACOs will discuss the rapidly-changing technological environment in which ACOs operate. (Read more...) 
Be sure to register for The National Association of Certified Valuators and Analysts (NACVA) 2023 Business Valuation and Financial Litigation Super Conference, on December 14-15, 2023. The conference will feature a blockbuster lineup of speakers, including HCC’s Todd Zigrang and Jessica Bailey-Wheaton.