NJ Hospital Assoc. Amicus Brief: FTC v. Hackensack Meridian Health, Inc. and Englewood Healthcare Foundation

Statement of Identification and Interest

Since 1918, the New Jersey Hospital Association (“NJHA”) has actively worked with its nearly 400 member healthcare organizations, including all 71 New Jersey acute care hospitals, to help them provide accessible, affordable and quality healthcare to New Jersey communities and patients. NJHA accomplishes its mission by providing leadership in policy and data analysis, education, community outreach, and by serving as an advocate to elected officials and tribunals at the state and federal levels on behalf of New Jersey’s acute care hospitals. NJHA also participates in the development of New Jersey policy at the legislative, agency and judicial levels and recommends improvements to enhance the quality, safety, and value of healthcare provided to patients throughout New Jersey.

Given NJHA’s mission to safeguard and improve patients’ access to quality and affordable healthcare, the NJHA has an interest in supporting hospital transactions that benefit New Jersey’s patients and communities, as determined by New Jersey’s extensive regulatory evaluation process. These state regulatory processes invite participation from all stakeholders in the New Jersey healthcare market, including the public, and represent a robust and independent evaluation of potential healthcare transactions by those agencies that are in the best position to know. In the instant case, the District Court’s issuance of a preliminary injunction preventing the proposed transaction between Hackensack Meridian Health, Inc. and Englewood Healthcare Foundation failed to give due weight to these critical state regulatory evaluation processes. Accordingly, amicus curiae NJHA respectfully submits this brief by motion pursuant to Rule 29(a) of the Federal Rules of Appellate Procedure in support of Appellants’ position that the District Court’s judgment failed to take into account several critical considerations.

View the entire Amicus Brief below.