The settlement requires the largest divestiture of outpatient healthcare services to resolve a merger challenge (by number of facilities) and imposes a $1.1M civil penalty for false certification
The United States District Court for the District of Maryland today entered the Final Judgment proposed by the Justice Department’s Antitrust Division, together with its state co-Plaintiffs, requiring broad divestitures to resolve Plaintiffs’ challenge to UnitedHealth Group Incorporated’s (UnitedHealth) $3.3 billion acquisition of Amedisys Inc. In addition, Amedisys must 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.
“Under President Trump and Attorney General Pam Bondi, this Department of Justice has moved quickly to resolve transactions, ensuring Americans see the benefits sooner,” said Associate Attorney General Stanley Woodward. “This settlement preserves competition where it matters most for American families – healthcare.”
“This is a tremendous outcome for competition in the healthcare industry, where competition itself is critical to the public interest and the well-being of all Americans,” said Assistant Attorney General Abigail Slater of the Justice Department’s Antitrust Division. “I commend the Antitrust Division’s Staff for prosecuting this case throughout a contentious litigation to reach this settlement on behalf of seniors, hospice patients, nurses, and their families.”
The settlement requires UnitedHealth and Amedisys to divest at least 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, this is the largest divestiture of outpatient healthcare services to resolve a merger challenge. In addition, the proposed settlement:
Obligates UnitedHealth to divest eight additional locations if it fails to obtain regulatory approval for the divestiture of associated facilities without the additional locations;
Imposes a monitor to supervise UnitedHealth’s divestiture of the assets and compliance with the consent decree;
Provides the divestiture buyers with the assets, personnel, and relationships to compete against UnitedHealth in the overlap areas;
Incorporates robust protections to strengthen adherence to the decree and deter interference with the divestiture buyers’ ability to compete; and
Requires 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 Court has appointed William E. Berlin, of Hall, Render, Killian, Heath & Lyman, to serve as monitor in this matter.
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 was a home health and hospice