The Justice Department’s Antitrust Division, together with its state co-Plaintiffs, filed a proposed settlement today requiring broad divestitures to resolve Plaintiffs’ challenge to UnitedHealth Group Incorporated’s (UnitedHealth) $3.3 billion acquisition of Amedisys Inc. In addition, Amedisys would pay a $1.1 million civil penalty to the United States for falsely certifying that it had provided “true, correct, and complete” responses under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976.
“In no sector of our economy is competition more important to Americans’ well-being than healthcare. This settlement protects quality and price competition for hundreds of thousands of vulnerable patients and wage competition for thousands of nurses,” said Assistant Attorney General Abigail Slater of the Justice Department’s Antitrust Division. “I commend the Antitrust Division’s Staff for doggedly investigating and prosecuting this case on behalf of seniors, hospice patients, nurses, and their families.”
The proposed settlement would require UnitedHealth and Amedisys to divest 164 home health and hospice locations (including one affiliated palliative care facility) across 19 states, accounting for approximately $528 million in annual revenue. By number of facilities, the settlement would secure the largest divestiture of outpatient healthcare services to resolve a merger challenge. In addition, the proposed settlement would:
- Obligate UnitedHealth to divest eight additional locations if it fails to obtain regulatory approval for the divestiture of associated facilities without the additional locations;
- Impose a monitor to supervise UnitedHealth’s divestiture of the assets and compliance with the consent decree;
- Provide the divestiture buyers with the assets, personnel, and relationships to compete against UnitedHealth in the overlap areas;
- Incorporate robust protections to strengthen adherence to the decree and deter interference with the divestiture buyers’ ability to compete; and
- Require Amedisys to pay a $1.1 million civil penalty and train its corporate and field leadership on antitrust compliance for falsely certifying that the company had truthfully, correctly, and completely responded to the United States’ requests for documents.
The map below shows the locations of the divested home health and hospice locations under the decree:
As required by the Tunney Act, the proposed settlement, along with a competitive impact statement, will be published in the Federal Register. Any interested person should submit written comments concerning the proposed settlement within 60 days following the publication to Jill Maguire, Acting Chief, Healthcare and Consumer Products Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street NW, Suite 4100, Washington, DC 20530. At the conclusion of the public comment period, the U.S. District Court for the District of Maryland may enter the final judgment upon finding it is in the public interest.
UnitedHealth is a vertically integrated insurer, healthcare provider, pharmacy benefit manager, and healthcare software and services vendor headquartered in Eden Prairie, Minnesota. UnitedHealth acquired Amedisys’s home health and hospice rival LHC Group Inc. (LHC) in 2023. Amedisys is a home health and hospice services provider headquartered in Baton Rouge, Louisiana.