Justice Department Files Antitrust Settlement to Lower Healthcare Costs in Ohio

TL/DR –

The US Justice Department’s Antitrust Division has reached a proposed settlement to resolve its civil antitrust lawsuit against OhioHealth Corporation. The case challenged OhioHealth’s anticompetitive contract restrictions, which allegedly used its market power to force insurers to include OhioHealth in all their commercial products, leaving consumers with fewer choices and higher prices. The proposed settlement requires OhioHealth to void existing contract provisions that deter insurers from offering innovative and budget-conscious health plans, and to not seek such provisions in the future.


Justice Department Announces Proposed Settlement in OhioHealth Antitrust Lawsuit

The Antitrust Division of the Justice Department has filed a proposed settlement today, aimed at resolving the civil antitrust lawsuit against OhioHealth Corporation. The move challenges the corporation’s anticompetitive contract restrictions which have inflated healthcare costs for Ohio consumers and employers.

Acting Attorney General Todd Blanche emphasized the administration’s commitment to reducing healthcare costs and fighting anti-competitive behavior. Associate Attorney General Stanley Woodward stated that the Department of Justice is unwavering in its stance against corporate prioritization of revenue at the expense of antitrust laws. This settlement aims to reduce costs and reignite competition in the healthcare system.

The proposed settlement, aligned with the Antitrust Division’s efforts to foster competitive healthcare markets, is a collaboration with the State of Ohio. Acting Assistant Attorney General Omeed A. Assefi said this settlement will ensure lower healthcare costs for Ohioans and bring back competition in the Columbus area by ending these anticompetitive contract terms.

OhioHealth has allegedly used its market power to enforce contractual restrictions that limit or entirely prevent insurers from offering innovative and budget-conscious health-insurance plans. The company has required insurers to include OhioHealth in all its networks, regardless of its prices as compared to competitors. This has resulted in fewer choices and higher prices for Ohio insurance purchasers.

Key Provisions in the Proposed Consent Judgment

If approved, the proposed consent judgment will undertake various actions:

  • Eliminate OhioHealth’s existing contract provisions that deter or prohibit insurers from offering innovative and budget-conscious health-insurance plans;
  • Prohibit OhioHealth from obtaining such contract provisions in the future;
  • Stop OhioHealth from penalizing or threatening insurers offering innovative and budget-conscious health-insurance plans; and
  • Appoint a monitor for a five-year term to oversee OhioHealth’s compliance with these remedies.

As mandated by the Tunney Act, the proposed settlement and a competitive impact statement will be published in the Federal Register. Interested persons can submit written comments about the proposed settlement within 60 days of publication. OhioHealth currently operates 16 hospitals and outpatient facilities across Ohio.


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