New Washington Law Requires Advance Notice to the Attorney General for Certain Healthcare Transactions

Starting January 1, 2020, hospitals, health systems, and many other healthcare providers must give notice to the Attorney General 60 days in advance of closing certain transactions. Signed into law by the Governor on May 7, 2019.  The law has no minimum dollar threshold and will require reporting even for very small transactions that are unlikely to raise antitrust concerns.

It’s worth noting that unlike pre-merger clearance under federal law, which governs transactions in all industries, the new Washington law only requires reporting of deals in the healthcare industry. The Legislature states that the law is intended “to ensure that competition beneficial to consumers in health care markets across Washington remains vigorous and robust.” The actual scope of the statute is narrower: it only covers transactions involving healthcare providers.


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