Daily Briefing

Around the nation: DOJ withdraws 3 'outdated' antitrust policies


The U.S. Department of Justice (DOJ) has withdrawn three antitrust policy statements from 1993 to promote "competition and transparency" in the healthcare industry, in today's bite-sized hospital and health industry news from the District of Columbia, Maryland, and New York.

  • District of Columbia: The DOJ has withdrawn three antitrust policy statements from 1993. Over the past three decades, the healthcare industry has undergone significant changes. According to DOJ, the "outdated" policies are too lenient on certain issues, including data sharing. "The healthcare industry has changed a lot since 1993, and the withdrawal of that era's out of date guidance is long overdue," said Assistant Attorney General Jonathan Kanter of DOJ's Antitrust Division. "The Antitrust Division will continue to work to ensure that its enforcement efforts reflect modern market realities." Ultimately, DOJ said the "withdrawal of the three statements is the best course of action for promoting competition and transparency." (Commins, HealthLeaders Media, 2/7)
  • Maryland: CMS last week published an advance notice outlining proposed changes for Medicare Advantage (MA) payment rates and Part C and Part D policies in 2024. In the notice, CMS states that MA insurers could face an average 2.3% cut to baseline payments — a move that would result in a net cut of $3 billion across the industry. The proposed pay cut is primarily driven by Medicare officials' push to update data and coding systems that explain the health conditions of insurers' enrollees, STAT+ reports. Under the proposed notice, insurers would be paid less for members with certain diagnoses. "The commonsense proposals in the advance notice, coupled with the proposals in the MA and Part D rule released in December, ensure these important programs continue to meet the healthcare needs of all beneficiaries while improving the quality and long-term stability of the Medicare program," said CMS Deputy Administrator and Center for Medicare Director Meena Seshamani. (Herman, STAT+, 2/1 [subscription required]; Berryman, Modern Healthcare, 2/1)
  • New York: New York City Mayor Eric Adams on Monday announced that the city will no longer enforce the COVID-19 vaccine mandate for current and prospective city workers, effective Friday. "The COVID-19 vaccine mandate for city workers has helped keep New Yorkers safe and New York City operations running throughout the pandemic," according to a statement from Adams' office. Adams noted that over 96% of New York City workers are fully vaccinated against COVID-19. "With the vast majority of city workers and New Yorkers vaccinated, and more tools readily available to protect people from serious illness, the vaccine requirement for the primary series of shots has served its purpose, driving rates of vaccination up among the city's workforce during a critical period in the pandemic," the statement said. (Doherty, Axios, 2/6)

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