State Control of Hospital Merger Review May Be A Good Idea

On March 18, 2016, West Virginia enacted a law which discharges federal antitrust authorities from reviewing hospital mergers in the state. The law comes after a hospital merger in the state was stalled when the FTC attempted to prevent it even though the state attorney general had approved.

FaegreBD Associates Emily Chow and Matthew Piehl co-authored an article appearing in Law360 sharing their view that the unprecedented law has merits worth considering in other states. “Although West Virginia’s subsequent legislative acrobatics to secure state-action-exemption protection for certain hospital mergers are novel, to hospitals and other states, West Virginia might be on to something,” they said.