A recent report issued by The NYU Stern Center for Business and Human Rights entitled “Private Equity and Healthcare: Balancing Profit with Wellness” examined the expanding role of private equity in the healthcare sector, concluding that “Private Equity’s combination of legal immunity, public anonymity, and financialized ownership creates a culture that often prioritizes profits over
Norton Travis
FTC Forms Task Force to Investigate Healthcare Transactions, Deceptive Marketing
On March 20, the Federal Trade Commission (FTC) issued a memorandum announcing the formation of a Healthcare Task Force dedicated to addressing unlawful business practices within the healthcare sector. The memorandum emphasizes that industry consolidation and anticompetitive conduct have contributed to “higher prices, decreased quality, less access and transparency, and stifled innovation.” According to the FTC…
NYS Warns On Unlawful Activities by Med Spas
Earlier this month, the New York Department of State (DOS) published a warning to consumers following an extensive investigation of so-called “med spas.” The DOS’s Division of Licensing led the investigation, in which 223 businesses were inspected.
The publication initially addressed the need for businesses that hold themselves out to the public as med spas…
Gov. Hochul Seeks Increased Scrutiny, Oversight of Health Care M&A
This week, Governor Hochul announced a proposal significantly expanding state scrutiny over corporate health care transactions. This proposal reiterates previously expressed concerns that both private equity and health system acquisitions of medical and dental practices lead to reduced access to care, declining quality and higher prices.
While stopping short of requiring actual Health Department…
FTC Abandons Non-Compete Ban but Signals Continued Scrutiny
The Federal Trade Commission (FTC) has formally abandoned its effort to implement a nationwide prohibition on employer non-compete agreements, marking the end of one of the most closely watched regulatory battles in recent years. While the sweeping ban will not take effect, the agency has made clear that restrictive covenant practices remain firmly on its…
NYS DOH Releases New Electronic Material Transaction Form
Just last week, we reported that the 2025/26 NYS Budget Bill did not include a provision that would have increased the requirements for seeking Department of Health (DOH) approval of a material healthcare transaction (which generally means one that increases revenues from healthcare services by at least $25 million) [here]. We have previously…
Expanded Healthcare Transaction Notice/Review Dropped from Final 2025/26 NYS Budget Bill
We recently wrote about proposed legislation that would have substantially increased the existing reporting requirements for material healthcare transactions in NYS that have existed since Public Health Law (PHL) Article 45-A was enacted two years ago. We provided a detailed review of the current PHL 45-A here and here.
The proposed legislation would have…
NYS Reinforces Its Scrutiny Over Healthcare Transactions
Overview
We recently discussed increasing state regulation of healthcare mergers and acquisitions in the face of the current Administration’s clear policy of federal deregulation. We noted that 15 states had implemented oversight laws for healthcare transactions. The stated purpose of these laws is to address two key issues: (1) to ensure that healthcare providers remain…
State Laws Target Healthcare Investments as Feds Deregulate
Will the new administration’s federal deregulation be a boon for private equity investment in healthcare providers, or will the states be the “new sheriff in town”?
In the short time he has been in office, President Trump has made good on his campaign promises to shrink the roles and staff of many government agencies, with…
