TL/DR –
The American Hospital Association (AHA) has urged the Federal Trade Commission and Department of Justice to exclude hospital mergers from any revisions to the Hart-Scott-Rodino Antitrust Improvements Act’s premerger notification requirements, asserting that the original form worked well within the hospital context. The AHA argued that given the financial challenges faced by hospitals, including increased expenses and decreased margins, mergers can be lifelines for struggling hospitals and should not be burdened with unnecessary administrative requirements. Furthermore, the AHA claimed that there is no indication that anticompetitive mergers have evaded FTC scrutiny under the existing framework, and that the updated form’s requirements are unnecessarily burdensome.
The American Hospital Association requests FTC and DOJ to exclude hospital mergers from HSR form revisions
The American Hospital Association (AHA) represents nearly 5,000 member hospitals, health systems, and health care organizations. This includes over 270,000 affiliated physicians, 2 million nurses, and caregivers, and 43,000 health care leaders who are our professional members. They are thankful to the Federal Trade Commission and Department of Justice (FTC and DOJ) for giving them an opportunity to comment on the effectiveness of the Hart-Scott-Rodino Antitrust Improvements Act’s premerger notification requirements.
The AHA commends the FTC and DOJ for taking a pragmatic approach in their inquiry. They appreciate the Agencies’ intent to identify “anticompetitive mergers” without imposing undue burdens on competitively neutral transactions. They also welcome the Agencies’ understanding that some updates to the HSR form could outweigh their use in antitrust law analysis.
The AHA urges the same practicality to be applied in proceeding with this process. They argue that while “the information required by the prior, nearly 50-year-old form [is] insufficient to review modern mergers and acquisitions,” this isn’t the case for hospital mergers. The original HSR form was perfectly adequate in the hospital context, and any changes could add burdens outweighing the benefits. Therefore, the AHA urges the Agencies to exempt hospital mergers from HSR form revisions.
Mergers play a critical role for hospitals and health systems in addressing ongoing financial challenges. Hospitals across America grapple with relentless inflation, chronic government underpayments, and escalating costs of labor, supplies, and drugs. Changes in federal policy are reducing already-thin hospital margins. Quoting financial reports from 2026, AHA shows how patient demand and revenue growth have slowed while expenses have amplified, leading to a dip in operating margins. Given these challenges, the AHA emphasizes that mergers can serve as economic lifelines for struggling hospitals nationwide.
Moreover, the AHA sees no evidence that hospital mergers have historically evaded FTC review. They highlight that the existing review framework supports robust scrutiny of hospital mergers. The FTC has filed multiple enforcement actions challenging hospital mergers in the past, thereby demonstrating its effectiveness in regulating such transactions.
Lastly, the AHA believes the Updated Form’s requirements are unnecessarily burdensome. The new questions do not resonate with the issues commonly arising in hospital mergers, suggesting that an update to the HSR form is unnecessary for hospitals. They ask the Agencies to exempt hospitals and health systems from any updated HSR form.
For further details, consult the full letter sent by the AHA to the FTC and DOJ.
—
Read More Health & Wellness News ; US News