{"id":9889,"date":"2017-01-23T21:35:00","date_gmt":"2017-01-23T21:35:00","guid":{"rendered":"http:\/\/associatednews.us\/content\/2017\/01\/23\/judge-blocks-health-care-merger-saying-it-would-hurt-competition\/"},"modified":"2017-01-23T21:35:00","modified_gmt":"2017-01-23T21:35:00","slug":"judge-blocks-health-care-merger-saying-it-would-hurt-competition","status":"publish","type":"post","link":"https:\/\/associatednews.us\/content\/judge-blocks-health-care-merger-saying-it-would-hurt-competition\/","title":{"rendered":"Judge Blocks Health Care Merger, Saying It Would Hurt Competition"},"content":{"rendered":"<p><span style=\"font-style:italic;font-size:16px\">By  <a class=\"colorbox\" href=\"http:\/\/www.npr.org\/sections\/thetwo-way\/2017\/01\/23\/511258980\/judge-blocks-healthcare-merger-saying-it-would-hurt-competition?utm_medium=RSS&amp;utm_campaign=healthcare\">Rebecca Hersher<\/a><\/span>  <\/p>\n<div class=\"ftpimagefix\" style=\"float:left\"><a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/sections\/thetwo-way\/2017\/01\/23\/511258980\/judge-blocks-healthcare-merger-saying-it-would-hurt-competition?utm_medium=RSS&amp;utm_campaign=healthcare\"><img decoding=\"async\" width=\"150\" src=\"https:\/\/media.npr.org\/assets\/img\/2017\/01\/23\/ap_16211490094008-d3858310ab946ef3e0ff557132717361054b5644-s1100-c15.jpg\" alt=\"\"><\/a><\/div>\n<div>\n<div>\n<div><a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/media.npr.org\/assets\/img\/2017\/01\/23\/ap_16211490094008-d3858310ab946ef3e0ff557132717361054b5644-s1200.jpg\">Enlarge this image<\/a><\/div>\n<\/div>\n<div>\n<div>\n<div>\n<p>A federal judge has ruled against Aetna&#8217;s proposed merger with its rival, Humana. <strong>Jessica Hill\/AP<\/strong> <strong>hide caption<\/strong><\/p>\n<\/div>\n<p><strong>toggle caption<\/strong><\/div>\n<p><span>Jessica Hill\/AP<\/span><\/div>\n<\/div>\n<p>A federal judge has ruled against the proposed acquisition of the health insurance company Humana by its larger rival, Aetna.<\/p>\n<p>The decision is a victory for former President Obama&#8217;s Justice Department, which sued Aetna last year to block the $34 billion merger, NPR&#8217;s Yuki Noguchi reported.<\/p>\n<p>The suit alleged that the merger would hurt competition in the health care market, leading to higher prices for consumers and fewer services for Medicare patients.<\/p>\n<p>U.S. District Judge John Bates found that to be the case, writing in his decision that, &#8220;the merger of Aetna and Humana would be likely to substantially lessen competition in markets for individual Medicare Advantage plans and health insurance sold on the public exchanges&#8221; in 364 counties.<\/p>\n<p><a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/www.medicare.gov\/sign-up-change-plans\/medicare-health-plans\/medicare-advantage-plans\/things-to-know-medicare-advantage-plans.html\">Medicare Advantage<\/a> plans are privately run but reimbursed by Medicare.<\/p>\n<p>Bates also spent a considerable chunk of the 158-page decision analyzing Aetna&#8217;s decision, announced last summer, to withdraw its insurance plans from 17 counties where Aetna and Humana both sold plans on the public exchanges.<\/p>\n<div>[embedded content]<\/div>\n<p>The company also pulled back from 11 of the 15 states in which it offered individual plans in 2016, <a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/sections\/health-shots\/2016\/08\/16\/490207169\/aetna-joins-other-major-insurers-in-pulling-back-from-obamacare\">as we reported<\/a>.<\/p>\n<p>As NPR&#8217;s Scott Hensley <a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/sections\/health-shots\/2016\/08\/17\/490202346\/aetna-ceo-to-justice-department-block-our-deal-and-well-drop-out-of-exchanges\">reported<\/a> at the time:<\/p>\n<blockquote>\n<div>\n<p>&#8220;Aetna <a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/www.forbes.com\/sites\/brucejapsen\/2016\/08\/17\/heres-why-elizabeth-warren-questions-aetnas-obamacare-about-face\/2\/#756b55525c8f\">said the pullback was a business decision<\/a> stemming from a loss in the second quarter on individual plans and uncertainty about the policy outlook for the exchanges.<\/p>\n<p>&#8220;In the company&#8217;s <a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/news.aetna.com\/news-releases\/aetna-to-narrow-individual-public-exchange-participation\/\">statement<\/a>, [Aetna CEO Mark] Bertolini said, &#8216;As a strong supporter of public exchanges as a means to meet the needs of the uninsured, we regret having to make this decision.&#8217; &#8230;<\/p>\n<p>&#8220;Bertolini was talking up the business potential of the exchanges as recently as April, when <a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/finance.yahoo.com\/news\/edited-transcript-aet-earnings-conference-205937826.html\">he said during a call with analysts and investors<\/a> that the exchanges were &#8216;a good investment,&#8217; despite the losses incurred.&#8221;<\/p>\n<\/div>\n<\/blockquote>\n<div><span>Article continues after <a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/about-npr\/186948703\/corporate-sponsorship\" target=\"_blank\">sponsorship<\/a><\/span><\/div>\n<aside>\n<div><\/div>\n<\/aside>\n<aside>\n<div><\/div>\n<\/aside>\n<div><\/div>\n<p>Bertolini and his company &#8220;have long been supporters of the public exchanges,&#8221; today&#8217;s decision noted.<\/p>\n<p>But, as Scott also reported, a letter leaked to reporters last summer indicated Aetna CEO Mark Bertolini had tied his company&#8217;s decisions about participating in the exchanges to the Justice Department&#8217;s decision on the merger. In the letter to the DOJ, Bertolini wrote, &#8220;if the DOJ sues to enjoin the transaction, we will immediately take action to reduce our 2017 exchange footprint.&#8221;<\/p>\n<p>The company subsequently did just that.<\/p>\n<p>In his Monday decision blocking the merger, Bates found, &#8220;Aetna tried to leverage its participation in the exchanges for favorable treatment from DOJ regarding the proposed merger.&#8221;<\/p>\n<p>He found Aetna had withdrawn from the 17 counties where it competed with Humana &#8220;at least in part for the purpose of improving its litigation position&#8221; in the government&#8217;s lawsuit against it.<\/p>\n<p>The judge concluded that Aetna would be likely to do business in the future in those 17 counties, and that, as a result, &#8220;The merger would also be likely to substantially lessen competition on the public exchanges in three Florida counties&#8221; that were among the 17.<\/p>\n<p>Yuki reported Aetna said it was reviewing the opinion and is considering an appeal.<\/p>\n<p>&#8220;Meanwhile, the same court is considering another case brought by the Justice Department&#8217;s antitrust division against the proposed merger of Anthem and Cigna,&#8221; she reported. &#8220;A decision in that case is also expected soon.&#8221;<\/p>\n<p><strong><a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/blockads.fivefilters.org\/\">Let&#8217;s block ads!<\/a><\/strong> <a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/blockads.fivefilters.org\/acceptable.html\">(Why?)<\/a><\/p>\n<p>Source:: <a href=\"http:\/\/www.npr.org\/sections\/thetwo-way\/2017\/01\/23\/511258980\/judge-blocks-healthcare-merger-saying-it-would-hurt-competition?utm_medium=RSS&amp;utm_campaign=healthcare\" class=\"colorbox\" title=\"Judge Blocks Health Care Merger, Saying It Would Hurt Competition\" rel=\"nofollow\">http:\/\/www.npr.org\/sections\/thetwo-way\/2017\/01\/23\/511258980\/judge-blocks-healthcare-merger-saying-it-would-hurt-competition?utm_medium=RSS&amp;utm_campaign=healthcare<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<div class=\"ftpimagefix\" style=\"float:left\"><a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/sections\/thetwo-way\/2017\/01\/23\/511258980\/judge-blocks-healthcare-merger-saying-it-would-hurt-competition?utm_medium=RSS&amp;utm_campaign=healthcare\"><img decoding=\"async\" width=\"150\" src=\"https:\/\/media.npr.org\/assets\/img\/2017\/01\/23\/ap_16211490094008-d3858310ab946ef3e0ff557132717361054b5644-s1100-c15.jpg\" alt=\"\"><\/a><\/div>\n<div>\n<div>\n<div><a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/media.npr.org\/assets\/img\/2017\/01\/23\/ap_16211490094008-d3858310ab946ef3e0ff557132717361054b5644-s1200.jpg\">Enlarge this image<\/a><\/div>\n<\/div>\n<div>\n<div>\n<div>\n<p>A federal judge has ruled against Aetna&#8217;s proposed merger with its rival, Humana. <strong>Jessica Hill\/AP<\/strong> <strong>hide caption<\/strong><\/p>\n<\/div>\n<p><strong>toggle caption<\/strong><\/div>\n<p><span>Jessica Hill\/AP<\/span><\/div>\n<\/div>\n<p>A federal judge has ruled against the proposed acquisition of the health insurance company Humana by its larger rival, Aetna.<\/p>\n<p>The decision is a victory for former President Obama&#8217;s Justice Department, which sued Aetna last year to block the $34 billion merger, NPR&#8217;s Yuki Noguchi reported.<\/p>\n<p>The suit alleged that the merger would hurt competition in the health care market, leading to higher prices for consumers and fewer services for Medicare patients.<\/p>\n<p>U.S. District Judge John Bates found that to be the case, writing in his decision that, &#8220;the merger of Aetna and Humana would be likely to substantially lessen competition in markets for individual Medicare Advantage plans and health insurance sold on the public exchanges&#8221; in 364 counties.<\/p>\n<p><a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/www.medicare.gov\/sign-up-change-plans\/medicare-health-plans\/medicare-advantage-plans\/things-to-know-medicare-advantage-plans.html\">Medicare Advantage<\/a> plans are privately run but reimbursed by Medicare.<\/p>\n<p>Bates also spent a considerable chunk of the 158-page decision analyzing Aetna&#8217;s decision, announced last summer, to withdraw its insurance plans from 17 counties where Aetna and Humana both sold plans on the public exchanges.<\/p>\n<div>[embedded content]<\/div>\n<p>The company also pulled back from 11 of the 15 states in which it offered individual plans in 2016, <a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/sections\/health-shots\/2016\/08\/16\/490207169\/aetna-joins-other-major-insurers-in-pulling-back-from-obamacare\">as we reported<\/a>.<\/p>\n<p>As NPR&#8217;s Scott Hensley <a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/sections\/health-shots\/2016\/08\/17\/490202346\/aetna-ceo-to-justice-department-block-our-deal-and-well-drop-out-of-exchanges\">reported<\/a> at the time:<\/p>\n<blockquote>\n<div>\n<p>&#8220;Aetna <a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/www.forbes.com\/sites\/brucejapsen\/2016\/08\/17\/heres-why-elizabeth-warren-questions-aetnas-obamacare-about-face\/2\/#756b55525c8f\">said the pullback was a business decision<\/a> stemming from a loss in the second quarter on individual plans and uncertainty about the policy outlook for the exchanges.<\/p>\n<p>&#8220;In the company&#8217;s <a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/news.aetna.com\/news-releases\/aetna-to-narrow-individual-public-exchange-participation\/\">statement<\/a>, [Aetna CEO Mark] Bertolini said, &#8216;As a strong supporter of public exchanges as a means to meet the needs of the uninsured, we regret having to make this decision.&#8217; &#8230;<\/p>\n<p>&#8220;Bertolini was talking up the business potential of the exchanges as recently as April, when <a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/finance.yahoo.com\/news\/edited-transcript-aet-earnings-conference-205937826.html\">he said during a call with analysts and investors<\/a> that the exchanges were &#8216;a good investment,&#8217; despite the losses incurred.&#8221;<\/p>\n<\/div>\n<\/blockquote>\n<div><span>Article continues after <a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/about-npr\/186948703\/corporate-sponsorship\" target=\"_blank\">sponsorship<\/a><\/span><\/div>\n<aside>\n<div><\/div>\n<\/aside>\n<aside>\n<div><\/div>\n<\/aside>\n<div><\/div>\n<p>Bertolini and his company &#8220;have long been supporters of the public exchanges,&#8221; today&#8217;s decision noted.<\/p>\n<p>But, as Scott also reported, a letter leaked to reporters last summer indicated Aetna CEO Mark Bertolini had tied his company&#8217;s decisions about participating in the exchanges to the Justice Department&#8217;s decision on the merger. In the letter to the DOJ, Bertolini wrote, &#8220;if the DOJ sues to enjoin the transaction, we will immediately take action to reduce our 2017 exchange footprint.&#8221;<\/p>\n<p>The company subsequently did just that.<\/p>\n<p>In his Monday decision blocking the merger, Bates found, &#8220;Aetna tried to leverage its participation in the exchanges for favorable treatment from DOJ regarding the proposed merger.&#8221;<\/p>\n<p>He found Aetna had withdrawn from the 17 counties where it competed with Humana &#8220;at least in part for the purpose of improving its litigation position&#8221; in the government&#8217;s lawsuit against it.<\/p>\n<p>The judge concluded that Aetna would be likely to do business in the future in those 17 counties, and that, as a result, &#8220;The merger would also be likely to substantially lessen competition on the public exchanges in three Florida counties&#8221; that were among the 17.<\/p>\n<p>Yuki reported Aetna said it was reviewing the opinion and is considering an appeal.<\/p>\n<p>&#8220;Meanwhile, the same court is considering another case brought by the Justice Department&#8217;s antitrust division against the proposed merger of Anthem and Cigna,&#8221; she reported. &#8220;A decision in that case is also expected soon.&#8221;<\/p>\n<p><strong><a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/blockads.fivefilters.org\/\">Let&#8217;s block ads!<\/a><\/strong> <a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/blockads.fivefilters.org\/acceptable.html\">(Why?)<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[47],"tags":[],"class_list":["post-9889","post","type-post","status-publish","format-standard","hentry","category-health"],"_links":{"self":[{"href":"https:\/\/associatednews.us\/content\/wp-json\/wp\/v2\/posts\/9889","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/associatednews.us\/content\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/associatednews.us\/content\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/associatednews.us\/content\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/associatednews.us\/content\/wp-json\/wp\/v2\/comments?post=9889"}],"version-history":[{"count":0,"href":"https:\/\/associatednews.us\/content\/wp-json\/wp\/v2\/posts\/9889\/revisions"}],"wp:attachment":[{"href":"https:\/\/associatednews.us\/content\/wp-json\/wp\/v2\/media?parent=9889"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/associatednews.us\/content\/wp-json\/wp\/v2\/categories?post=9889"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/associatednews.us\/content\/wp-json\/wp\/v2\/tags?post=9889"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}