Justice Department Sues New York-Presbyterian Hospital for Anticompetitive Contracts That Increase Healthcare Costs for New Yorkers

The Justice Department's Antitrust Division, together with the U.S. Attorney's Office for the Southern District of New York, filed a civil antitrust lawsuit today challenging The New York and Presbyterian Hospital's (New York-Presbyterian) anticompetitive contract restrictions that deny New Yorkers the choice of lower cost healthcare options.

The complaint, filed in the U.S. District Court for the Southern District of New York, charges New York-Presbyterian with violating Section 1 of the Sherman Act. New York-Presbyterian is the largest and most powerful hospital system in New York City. It owns and operates eight hospitals and many outpatient facilities in the New York City area. The suit seeks to enjoin New York-Presbyterian from imposing contractual restrictions that preclude insurers and employers from offering New Yorkers budget-conscious health insurance plans. This is the second case the Division has brought this year to ensure that Americans can access healthcare markets with robust competition and receive high quality, affordable care.

"Millions of New Yorkers pay more for healthcare because of these anticompetitive practices," said Attorney General Pamela Bondi. "At the direction of President Trump, this Justice Department will fight relentlessly to ensure that Americans get the healthcare they need without facing exorbitant costs."

"Healthcare is a vital sector of our nation's economy that touches the life of every single American," said Acting Assistant Attorney General Omeed A. Assefi of the Justice Department's Antitrust Division. "New York-Presbyterian has known for years that the American consumer wants budget-conscious health plans that reduce healthcare costs. But rather than offer consumers choice, New York-Presbyterian uses its market power to protect its margins, impede competition from rival hospitals, and prevent employers and unions from creating these plans. The Antitrust Division will continue to hold hospitals violating the antitrust laws accountable. I am grateful for the dedicated work of our staff and the Southern District of New York in this matter."

"The high cost of healthcare is frustrating to every New Yorker," said U.S. Attorney Jay Clayton for the Southern District of New York. "Our Office will continue to work with our partners in the Antitrust Division to investigate and confront anticompetitive practices that contribute to higher healthcare costs."

As alleged in the complaint, New York-Presbyterian imposes plan restrictions in its contracts with payors that prevent payors from offering plans that, for example, do not include New York-Presbyterian or do not feature New York-Presbyterian in the most favored tier of the plan. New York-Presbyterian even forbids payors from offering lower copays when patients chose to receive care at New York-Presbyterian's - often lower priced - rivals. These unlawful restrictions insulate New York-Presbyterian from price competition, limiting its rival hospitals from competing for patients based on lower prices or better value, and prevent the development of budget-conscious plans for New Yorkers that are available in other parts of the United States.