Jackie Selby Quoted by Crains in “Antitrust Rules Relaxed for DSRI”

Crains New York

Jackie Selby, a Member of the Health Care and Life Sciences practice in the New York office, was quoted in an article titled “Antitrust Rules Relaxed for DSRI.”

Following is an excerpt:

Ahead of DSRIP applications, the state Department of Health has moved to make it easier for competitors to collaborate. On Thursday, the DOH posted proposed rules allowing competitors who want to collaborate for DSRIP to apply for a Certificate of Public Advantage. The COPA would create an exception to rules that currently don’t allow competitors to share data. It’s a necessary step to create Performing Provider Systems, teams of disparate entities that will apply for funding under DSRIP.

“Asking providers to get together the way they need [to create] PPSs challenges them to collaborate in a way that they’re not used to doing,” said Jackie Selby, a health care attorney at Epstein Becker Green. “They would potentially be in violation of antitrust law.” The state’s interpretation of the proposed new law, which is broadly written, will also be important, she added. “There’s nothing in the regulation that talks about being limited to DSRIP projects,” she said. “When these providers come together and share what used to be sensitive information about rates, ... what’s the impact of price going to be? Even admissions data—where’s that data coming from? Once they share it, who owns that data [and] what are they going to do with it?”