The ongoing legal battle between the Federal Trade Commission (FTC) and U.S. Anesthesia Partners (USAP) is far from over. While the initial focus was on the FTC’s authority to pursue the case in federal court, the underlying issue of industry consolidation and its impact on patient care remains at the heart of this matter.
In our previous newsletter, we discussed the FTC’s allegations against USAP of anti-competitive practices through serial acquisitions. Since then, USAP has appealed the lower court’s decision to allow the case to proceed. The company argues that the FTC’s actions constitute government overreach and that the agency lacks the authority to pursue the case in federal court.
Key Developments:
- USAP’s Appeal: The case is now before the 5th U.S. Circuit Court of Appeals.
- FTC’s Stance: The agency maintains its position that industry consolidation harms patients by driving up costs.
- Industry Impact: The outcome of this case will significantly influence the future landscape of anesthesia services and potentially other healthcare specialties.
What This Means for CRNAs:
The FTC’s focus on industry consolidation raises concerns about potential job security and career advancement opportunities for CRNAs. If the FTC prevails, it could lead to increased competition among smaller anesthesia groups to gain contracts with hospitals and surgery centers- and potentially more job openings within the anesthesia sector. However, the outcome of the case remains uncertain, and its implications for CRNAs are still developing.
Lokum’s Commitment:
At Lokum, we continue to monitor this case closely and its potential impact on the CRNA job market and will be keeping members of Lokum App posted. Our goal remains to provide CRNAs with greater flexibility and control over navigating their careers.
We will keep you updated on further developments in this case and its potential implications for the CRNA community.
Timeline of Key Events
- September 21, 2023: FTC files a lawsuit against USAP alleging anti-competitive practices.
- November 20, 2023: USAP and Welsh Carson file motions to dismiss the lawsuit.
- January 19, 2024: Oppositions to the motions to dismiss are filed.
- May 13, 2024: Court denies motions to dismiss, allowing the case to proceed against USAP.
- June 12, 2024: USAP files an appeal to the 5th Circuit Court of Appeals.
- August 13, 2024: USAP files its opening brief in the appeal.
- August 15th, 2024: USAP loses its appeal in court.