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March 24, 2022

Impacted by EM Consolidation? ACEP Tells the Feds

The issue of consolidation in health care continues to be front and center in emergency medicine (EM). ACEP has been exploring how the acquisition of EM practices has affected EM physicians' working conditions and overall well-being. Recently, the Federal Trade Commission (FTC) and Department of Justice (DOJ) released a request for information (RFI) on how to modernize their guidelines for enforcing anti-trust laws regarding mergers. Previously, the government guidelines for examining mergers have focused only on mergers’ direct impact on competition, but wanting to modernize these guidelines, the FTC sought feedback on the effect mergers can have on labor conditions.

To help inform our response, ACEP distributed a questionnaire to members asking about experiences with such mergers, and received over 110 responses sharing their stories about how they were impacted, whether positively or negatively.

These responses were analyzed for trends, and summarized in our official response to the RFI, along with our recommendations to the FTC and DOJ for changes to their merger guidelines.   

ACEP Testifies at FTC Listening Session

On April 14, ACEP President Dr. Gillian Schmitz and ACEP Executive Director Sue Sedory provided public comments in a listening session hosted by the FTC and DOJ on the effects of mergers and acquisitions in the healthcare industry. In their comments, which can be viewed in full below, Dr. Schmitz and Ms. Sedory shared results from ACEP's story collection that showed numerous anti-competitive labor-related effects associated with mergers and acquisitions in emergency medicine including:

  • Reduced wages and/or non-cash benefits.
  • Infringement of due process rights.
  • Interference with physician autonomy to make independent medical decisions benefiting patients.
  • Inability to find a job or undue imposed restrictions on ability to switch jobs.
  • A shift to use of a less-skilled health care workforce jeopardizing patient care.

Gillian Schmitz Remarks in FTC Listening Session

Sue Sedory Remarks in FTC Listening Session

Related Content from ACEP’s Regs & Eggs Blog

The Flip Side of the Coin: A Look at the Increase in Health Insurer Consolidation

Recent Federal Efforts to Address Provider Consolidation

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