Assertive or antiquated: ProMedica vows to appeal loss against FTC as questions loom over whether mergers lead to efficiencies or clout

ProMedica vows to fight the feds over the acquisition of St. Luke's Hospital. Here is what they have to say. "The cost of healthcare is a real problem for all Americans, and the commission seeks to address this national problem by using all the tools Congress gave to us, and by devoting significant resources so that competition will enable market participants to deliver on the promises of cost-containment and continued excellence and innovation," says the FTC's Jon Leibowitz.

Federal Trade Commission's authority to regulate marketing to children: deceptive vs. unfair rulemaking

Food and beverage marketing directed at children is of increasing concern to the public health and legal communities. The new administration at the Federal Trade Commission and abundant science on the topic make it a particularly opportune time for the government to reconsider regulating marketing directed at youth. This Article analyzes the Commission's authority to regulate food and beverage marketing directed at children under its jurisdiction over unfair and deceptive acts and practices to determine which avenue is most viable. The author finds that the Federal Trade Commission has the authority to regulate deceptive marketing practices directed at vulnerable populations. Although the Commission can issue individual orders, its remedial power to initiate rules would better address the pervasiveness of modern marketing practices. The Commission does not currently have the power to regulate unfair marketing to children; however, even if Congress reinstated this authority, the Commission's authority over deceptive marketing may be preferable to regulate these practices. Deceptive communications are not protected by the First Amendment and the deceptive standard matches the science associated with marketing to children. The Federal Trade Commission has the authority to initiate rulemaking in the realm of food and beverage marketing to children as deceptive communications in interstate commerce, in violation of the Federal Trade Commission Act. However, to effectuate this process, Congress would need to grant the Commission the authority to do so under the Administrative Procedures Act.

From acquisition to integration: transforming a hospital into an ACO

Five steps are essential to the process of hospitals acquiring physician groups to develop truly integrated delivery systems: Securing internal and external approvals. Integrating physicians into leadership and governance. Developing physician employment terms and compensation. Exploiting reimbursement improvement opportunities. Streamlining operations