NY Law Gives Antitrust Immunity To State Health Care System

October 25, 2013

Gregory Asciolla weighs in on New York legislation that will grant antitrust immunity to the state’s health care system.

Governor Cuomo signed a bill that will allow the state-chartered Nassau Health Care Corp. to enter into arrangements with other health care providers and be immunized from liability under federal and state antitrust laws. State attorney general Eric Schneiderman has expressed his objections.

“Legislation that expressly permits conduct that ‘may have the effect of displacing competition’ cannot be good for consumers,” Asciolla said, adding that the law created the risk of "unabated anti-competitive effects ... because [it] fails to provide for any oversight of NuHealth's conduct and its effects on competition.”