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Lifespan and Care New England Merger May Face Steep Challenge by Federal Regulators - GoLocalProv

Tuesday, November 24, 2020

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Can a Lifespan and Care New England clear federal review?

In the past year, the Federal Trade Commission has intervened to block two major hospital mergers asserting that the deals were anti-competitive and create monopolistic environments.

When Lifespan and Care New England announced that they had signed a letter of intent in September to begin merger negotiations, executives trumpeted the potential.

“By combining the talent, experience and resources of our two organizations, we can create a national model that fully leverages the integration and coordination of care. In doing so, we are better equipped to meet market challenges and mandates to improve outcomes while reducing health care costs,” said Lawrence. Aubin, Sr., the chair of the Board of Lifespan.

The two hospital groups dominate the marketplace. They are two of Rhode Island's largest employers and may combined be as much as 80% of the marketplace. CharterCARE, the owners of Roger Williams Hospital and Fatima, have a fraction of the market. The implications of a merger for doctors, nurses and vendors is significant.

Mergers in Focus

University of Rhode Island Economics Professor Michael DiNardi says the body of research shows the mergers have little improvement on care and often increases costs. "Empirically, the studies show costs increase after a merger."

Lifespan President and CEO Timothy Babineau, M.D said in the announcement of the negotiations of the merger that the benefits could be significant, “Combining our investment in our physicians, clinical staff, researchers, technology and other health care staff will greatly help us continue to fulfill our mission of providing world-class health care to our patients, advancing medical discoveries and serving as a vital economic engine for our state.” 

The merger is not one of equals. While neither hospital group is financially strong, Care New England has suffered more than $150 million in losses over the past few years and closed Pawtucket Memorial hospital due to massive financial losses.

Care New England has underfunded its employee pensions and minimally funded capital improvements. Lifespan, on the other hand is financially more stable and often acts without any limitation. In the midst of the pandemic and after receiving more than $100 million in federal subsidies turned around and handed out management bonuses.

Lifespan gave out “special management compensation” bonuses to top execs. The hospital group refused to say just how much CARES Act funding they have received to date and defended the bonuses. 

As the merger inches forward, federal regulators may be an obstacle and questions about the benefits, as recent studies show that hospital mergers neither control cost nor improve quality, could arise. 

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Lifespan CEO Tim Babineau

FTC Action

The FTC, even under the President Donald Trump's anti-regulatory environment, has taken action in a number of high profile hospital mergers. Presently, the FTC is suing to block mergers in Philadelphia and Memphis.

In February, the FTC announced it  “authorized an action to block the proposed merger of Jefferson Health and Albert Einstein Healthcare Network, two leading providers of inpatient general acute care hospital services and inpatient acute rehabilitation services in both Philadelphia County and Montgomery County, Pennsylvania.”

“Patients in the Philadelphia region have benefited enormously from the competition between the Jefferson and Einstein systems,” said Ian Conner, Director of the FTC’s Bureau of Competition. “This merger would eliminate the competitive pressure that has driven quality improvements and lowered rates. Throughout our investigation, we have benefited from close cooperation with our partners in the Office of the Attorney General of Pennsylvania.” This case is now working its way through the courts.

Earlier in November, the FTC filed an administrative complaint, and authorized a suit in federal court, to block the proposed $350 million acquisition by Memphis-based Methodist Le Bonheur Healthcare of two Memphis-area hospitals, known as Saint Francis, owned by Dallas-based healthcare system Tenet Healthcare Corporation.

According to the federal action, "only four hospital systems currently provide general acute care services in the Memphis area." The FTC complaint alleges that the "proposed acquisition would reduce that number to three, giving the combined health system control of approximately 60 percent of the Memphis-area market for general acute care services." Only one other major hospital system, Baptist Memorial Health Care, would meaningfully constrain the combined health system; the fourth system in the area, Regional One, is smaller and focuses on a different patient population.

In Rhode Island, de facto, a Lifespan and Care New England merger would reduce competition to nearly zero.

“Competition between hospitals helps keep prices down and quality high, and that’s as true in Memphis as it is elsewhere,” said Daniel Francis, Deputy Director of the FTC’s Bureau of Competition. “It’s clear that patients in the Memphis area have benefited from the competitive pressure that Saint Francis brings to bear on Methodist, through lower rates, more options for insurers and patients, and quality improvements. This transaction would take that competition away, and patients will pay the price.”

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Research shows increased costs and decreased quality after mergers

Mergers Fail to Improve Quality

Research published in the New England Journal of Medicine in February conducted by Harvard University researchers looked at hospital performance between 2007 and 2016, a period punctuated by several hospital mergers. They studied 246 hospitals that had been acquired and 1,986 control hospitals, looking at their performance in four categories: clinical process, patient experience, mortality and rate of readmission after discharge.

“The hospital industry has consolidated substantially during the past two decades and at an accelerated pace since 2010,” the study stated. “Multiple studies have shown that hospital mergers have led to higher prices for commercially insured patients, but research about effects on quality of care is limited.”

This study comes on the heels of a 2019 report in The New York Times, "Hospital Mergers Improve Health? Evidence Shows the Opposite" that found that cost increase and quality decreased when hospital groups merge.

"Martin Gaynor, a Carnegie Mellon University economist who is an author of several reviews exploring the consequences of hospital consolidation, said that 'evidence from three decades of hospital mergers does not support the claim that consolidation improves quality,'” the Times cited.

Lifespan's Kathleen Hart did not respond to a request for comment.

Care New England's spokeswoman Raina Smith said, "There is no comment at this time."


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