In Win for FTC, Unanimous High Court Finds No State Action Immunity in Hospital Merger
February 12, 2013 — BNA's Health Law Reporter
Washington, D.C.-based co-chair of Crowell & Moring's Health Care Group, Art L. Lerner, comments on the implications of the U.S. Supreme Court ruling on FTC v. Phoebe Putney Health System, Inc. (U.S., No. 11-1160,2/19/13). In reference to Lerner’s view of the ruling, the article notes, "The high court went back to the roots of its state action jurisprudence in holding that there must be an affirmative action policy for state action immunity to apply." Mr. Lerner is specifically quoted with the comment, "It seems entirely logical -- afterwards -- that the decision to apply the doctrine narrowly would be unanimous given that this case involves whether antitrust laws apply rather than how they should be applied."
Antitrust Counsel Lines Up for Aetna/Coventry
August 22, 2012 — Global Competition Review
Crowell & Moring’s work in Aetna’s $5.7 billion acquisition of Coventry Healthcare featured.
Common Problem…But Three-Way Solution May Draw Legal Attention
August 29, 2011 — Modern Healthcare
Washington, D.C-based Antitrust Group partner, and co-chair of the firm’s Health Care Group, Arthur N. Lerner talks about the antitrust implications surround the decision made by two Connecticut hospitals to form a three-sided joint venture with an investor-owned operator.
According to Lerner, “antitrust enforcers do take into account whether a deal brings benefits to consumers that might outweigh the lessening of competition. They are skeptical if the tie-up does little more than give the two hospitals more bargaining power against commercial health plans, because then the benefits accrue to the hospitals, rather than consumers.
Nonprofit Health Care Market Concentration and the Public Interest
Summer 2011 — Inquiry Journal
Washington, D.C.-based partner and co-chair of the firm’s Health Care Group, Arthur N. Lerner, served as a panelist in the Inquiry Journal’s “Dialogue Series” that took place on April 18, 2011 about the current state of the health care market. Lerner was joined by a group of leading health care industry professionals to talk about issues surrounding the health care reform debate.
Sign of the Times?
March 15, 2010 — Modern Healthcare
The U.S. Justice Department may have signaled it's delivering what providers have long asked for: the stomach to scuttle health plan mergers. Or not. Arthur N. Lerner, healthcare and antitrust partner with Crowell & Moring LLP and co-chair of the firm's Health Care Group, believes the U. S. Justice Department's antitrust team under Obama is in fact scrutinizing health-insurance deals more closely. "I will say, from my own experience, the heat is on," Lerner said.
How Does Competition Factor into the Health Care Debate?
October 1, 2009 — Managed Care Outlook, Volume 22, No. 19
Arthur N. Lerner, co-chair of Crowell & Moring LLP’s Health Care Group, is featured for his comments on the importance of competition in the debate over health care reform. According to Lerner, “Competition keeps premiums down, lower premiums make insurance more affordable, affordable insurance means increased access to health care.
Antitrust Allegations; Two III. Doc Groups Accused of Collusion
July 9, 2007 — Modern Healthcare
Crowell & Moring Healthcare Group partner Arthur N. Lerner is featured for his thoughts on the antitrust lawsuit filed by Illinois Attorney General Lisa Madigan against two physicians groups. Madigan alleges that the groups conspired to boycott new Medicaid patients in an effort to get higher and faster payments from the state.
Part D Fraud, Waste, Abuse Guidance Similar to Integrity Pacts, Attorney Says
March 1, 2006 — BNA's Health Care Fraud Report
Crowell & Moring's Health Care Law Group is featured in a recent BNA Health Care Fraud Report article for their Webinar on the Medicare Prescription Drug Benefit – Part D.
Outlook 2006: Medicare Drug Benefit of Highest Concern
January 4, 2006 — BNA, Inc. Health Plan & Provider
Health Care Law attorney Art Lerner is featured in a recent article about the new Medicare Part D prescription drug benefit.
Reproduced with permission from Health Plan & Provider Report, Vol. 12, No. 1 (Jan. 4, 2006).
Copyright 2006 by The Bureau of National Affairs, Inc. (800-372-1033) <www.bna.com>
Art Lerner Quoted in Modern Healthcare for Antitrust Expertise
April 27, 2005 — Modern Healtcare
Arthur N. Lerner was quoted in the April 18, 2005 edition of Modern Healthcare regarding the merger of Mease Health Care System and Morton Plant Hospital Association. Lerner, who is a Washington, DC-based partner in Crowell & Moring's Antitrust, False Claims Act, and Health Care Groups, addressed antitrust matters concerning the deal.
"It was an innovative attempt at letting everybody have their cake and eat it too," said Lerner.
Arthur Lerner Cited by BNA's Health Law Reporter for Health Care Antitrust Expertise
April 22, 2005 — BNA's Health Law Reporter
Partner Arthur N. Lerner was cited in the March 10, 2005 issue of BNA's Health Law Reporter. The article addressed antitrust concerns faced by pay for performance (P4P) programs, which peg provider payments to patient care as measured by specific criteria. Lerner was cited in the story as advising attorneys to "look at P4P programs and decide whether, deep down, this is just anticompetitive" or is truly creating choice. "I've learned about some programs where I think it is a bit of a front," he told BNA. Lerner directed the Federal Trade Commission's health care antitrust program from 1982 to 1985.