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Let's talk antitrust: Discussing recent cases and emerging competition issues
Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
Global law firm Norton Rose Fulbright and leading financial advisor Duff & Phelps have issued a white paper, Multi-state behavioral strategies: Value creation and challenges, that explores value creation through the expansion of behavioral healthcare organizations across multiple states and the challenges that the industry faces today.
The behavioral healthcare industry is growing rapidly, there is increasing availability of governmental and commercial reimbursement and providers are in high demand. An imbalance between patient demand and patient access to care has spurred accelerated investment, consolidation and growth in the industry. These trends create new opportunities, and challenges, when state lines are crossed. This article addresses the implications of a multi-state expansion strategy from a variety of viewpoints. It will discuss the value creation, regulatory and compliance challenges and other operating considerations of a multi-state behavioral healthcare practice.
Healthcare practices operating in multiple states can benefit in a variety of ways, including: a lower financial risk resulting from a more diversified payor base, increased value by leveraging economies of scale and expanded access to services through the use of telehealth.
When behavioral healthcare practices utilize a multi-state strategy there are regulatory concerns to be considered, including variations in the corporate practice of medicine doctrine, professional licensure requirements, state and federal privacy laws, facility and program licensure, and governmental and commercial reimbursement rates.
Investing in and operating practices in multiple states requires careful consideration of the challenges to effectively growing and scaling into a larger operation. A contiguous state approach versus a noncontiguous state approach is one such factor. While a contiguous state approach offers increased development opportunities for integrated care, it also can inhibit the opportunity to reach the largest potential customer base.
The past year showed a continuing trend of vigorous acquisition activity in the behavioral health sector. This year is expected to see continued growth in deal volume in the area of behavioral health that could extend for years to come.
Read the full article, Multi-state behavioral strategies: Value creation and challenges.
Video
Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
Publication
After a lacklustre finish to 2022 when compared to the vintage year for M&A that was 2021, dealmakers expected 2023 to see the market continue to cool in most sectors, in response to the economic headwinds of rising inflation (with its corresponding impact on financing costs), declining market valuations, tightening regulatory scrutiny and increasing geopolitical tensions.
Publication
On 18 September 2023, the CMA published its Initial Report (Initial Report) on AI Foundation Models (FM), supplemented in April 2024 with the publication of its “Update Paper” focused on potential antitrust risks associated with FMs and a “Technical Update Report” providing more detail on the development on FMs (collectively the “Reports”). Below, we consider these CMA publications.
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