Today's News and Commentary

About Covid-19

 Covid was fourth leading cause of death in 2022, CDC data shows “The waning of the pandemic led to fewer deaths in America in 2022 than in 2021, according to preliminary data from the Centers for Disease Control and Prevention. But heart disease and cancer deaths rose, and covid-19 remained remarkably lethal, killing more than 500 people a day.
The report shows an overall drop of 5.3 percent in the death rate from all causes, a signal that the country last year had exited the worst phase of the pandemic. Deaths from covid dropped 47 percent between 2021 and 2022.”

About health insurance/insurers

 CVS pressing pause on M&A after Oak Street, Signify buys “CVS Health said it will not pursue any major acquisitions in the near future following its recent purchases of Dallas-based Signify Health and Chicago-based Oak Street Health.
’I think over time we'll look at other assets, but right now we need to focus on execution of the assets that we just acquired,’ President and CEO Karen Lynch told investors during the company's first-quarter earnings call May 3.”

About hospitals and healthcare systems

15 healthcare mergers and acquisitions making headlines in April FYI

Option Care Health to acquire health and hospice firm for $3.6 billion “Option Care Health, the largest independent provider of home health services, announced a deal Wednesday to acquire home health and hospice firm Amedisys for $3.6 billion.
The all-stock transaction will turn the Bannockburn [IL]-based Option into a mammoth provider of post-acute care services that also will include hospital-at-home and palliative care. The combined firm will generate approximately $6.2 billion in annual revenue.”

North Carolina Senate passes bill waiving UNC Health from state, federal antitrust enforcement “According to the bill’s text, UNC Health’s board would be able to ‘enter into cooperative agreements with any other entity for the provision of healthcare, including the acquisition, allocation, sharing or joint operation of hospitals or any other healthcare facilities or healthcare provider, without regard to their effect on market competition.
When partnering with community hospitals and other health systems in various regions of the State, the System is acting according to State policy by ensuring that healthcare is made available to all parts of North Carolina; its activities constitute State action for purposes of antitrust law, the bill reads.”

This action by North Carolina is a good reminder to review how states can exempt healthcare organizations from federal anti-trust actions. [Note: This response was generated by CHAT GPT and I checked it for accuracy.]
Antitrust exemptions for healthcare entities at the state level are granted through state laws or regulations, which can vary depending on the state. Each state may have its own criteria and procedures for granting such exemptions.
One common approach for states to obtain antitrust exemptions for healthcare entities is to establish a Certificate of Public Advantage (COPA) program. Under a COPA program, state regulators grant antitrust immunity to certain healthcare providers or systems in exchange for their commitment to fulfill certain public health goals, such as improving access to healthcare services or enhancing the quality of care.
To establish a COPA program, a state must pass a law or issue regulations that provide a legal framework for granting antitrust exemptions. The state may then create a regulatory body or designate an existing agency to oversee the COPA program and review applications from healthcare providers seeking antitrust immunity.
Once a healthcare provider is granted a COPA, it is immune from certain federal antitrust laws, such as the Sherman Antitrust Act, while operating within the parameters of the program. However, the immunity is not absolute, and the state can revoke a COPA if the provider fails to fulfill its public health commitments or engages in anticompetitive behavior that harms consumers.
It is worth noting that antitrust exemptions for healthcare entities are controversial, as they can potentially limit competition and lead to higher healthcare costs. Therefore, states considering such exemptions should carefully weigh the potential benefits and drawbacks before implementing them.

About pharma

 Kroger paying $68M to settle opioid claims in West Virginia Just a reminder that these lawsuits are ongoing.

 J&J's consumer group Kenvue set for $41B IPO, the largest US market debut in more than a year “J&J's consumer group Kenvue will be listed on the New York Stock Exchange starting today, May 4, for $22 per share, according to a statement from the two companies. The companies are selling more than 172 million shares to the public, pricing the offering at around $41 billion.
This will be the largest IPO in U.S. markets in more than a year, according to CNBC. Kenvue will trade under the ticker ‘KVUE.’
After the IPO closes, which is expected on May 8, J&J will hold around 90% of the total shares in Kenvue.”

Florida passes PBM regulation bill While Congress debates what to do about drug costs: “Florida Gov. Ron DeSantis signed the Prescription Drug Reform Act on May 3 to limit pharmacy benefit manager practices and hold "Big Pharma accountable."
The law bans clawbacks, mail-order rebates, spread pricing, patient steering and networks solely composed of affiliate pharmacies, according to a news release. It also aims to block data-sharing without patients' consent. 
On the ‘Big Pharma’ side, the legislation requires drugmakers to report price increases surpassing 15 percent after one year and cumulative list price increasing 30 percent or more within three years.”

About the public’s health

One Dose of HPV Vaccine Prevents Infection for at Least Three Years “A single dose of the human papillomavirus vaccine is highly effective at preventing infections over three years, most likely lowering rates of cervical cancer and other diseases linked to the virus, according to a new study in Kenya.
A single-dose strategy would dramatically extend supplies of the vaccine, lower costs and simplify distribution, which would make vaccination a more viable option in countries with limited resources, experts said.”

About healthcare IT

 CMS Officials Provide Update on National Quality Strategy Goals “A year ago, officials from the Center for Medicare and Medicaid Services unveiled a National Quality Strategy. In a May 1 update on the strategy, CMS officials discussed several goals, including annually increasing the percentage of digital measures used in CMS quality programs. CMS officials also said the organization would build one or more quality data systems that can receive data using the FHIR data standard by 2027…
[Also,] CMS is incorporating equity into the measurement strategy of every quality and value-based program possible…”