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Mission Health antitrust lawsuit heads toward settlement

Mission Health antitrust lawsuit heads toward settlement

Photo: Saga Communications/828newsNOW


ASHEVILLE, N.C. (828newsNOW) — HCA Healthcare, Mission Health and the plaintiffs in a major antitrust lawsuit have reached an agreement in principle to settle the case, according to officials.

The agreement could resolve a yearslong legal fight over allegations that Mission and HCA used the health system’s market power to limit competition and drive up health care costs in Western North Carolina.

Terms of the proposed settlement have not been made public. An agreement in principle means the parties have agreed on the main terms of a settlement, but the deal has not yet been finalized.

Mission Health confirmed the development Friday in a statement to 828newsNOW.

“We are ready to put this longstanding matter behind us and turn our attention to the future and what matters most: caring for the people and communities of Western North Carolina,” Mission said.

The health system continues to deny that it violated antitrust laws.

“We remain confident that we have complied with federal and state antitrust laws and are grateful to our physicians, nurses and colleagues who provide high-quality care every day,” Mission said. “We look forward to building on that commitment, strengthening access and meeting the region’s evolving healthcare needs.”

The case was brought by Asheville, Buncombe County, Brevard and Madison County. The local governments accused Mission and HCA of using their market power to impose restrictive contract terms on health insurers, including provisions the plaintiffs said made it more difficult for insurers to steer patients toward less expensive competitors.

Mission and HCA have denied the allegations.

The dispute centers in part on Mission’s longtime position in Western North Carolina’s hospital market. Mission previously operated under a state Certificate of Public Advantage, or COPA, which allowed hospital consolidation while subjecting the system to state oversight, including limits intended to control prices.

North Carolina lawmakers repealed the COPA law, ending that oversight in 2018. HCA Healthcare purchased Mission Health the following year for about $1.5 billion.

The antitrust case is separate from litigation involving the North Carolina attorney general and HCA’s obligations under the 2019 Mission purchase agreement.

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