FTC: No challenge for Partners, CNE merger

PARTNERS HEALTHCARE has only R.I. Department of Health’s review of its intended merger with Care New England remaining before it can proceed with the deal. Above, Partners Healthcare’s headquarters at 399 Revolution Drive in Somerville, Mass. /COURTESY PARTNERS HEALTHCARE
PARTNERS HEALTHCARE has only R.I. Department of Health’s review of its intended merger with Care New England remaining before it can proceed with the deal. Above, Partners Healthcare’s headquarters at 399 Revolution Drive in Somerville, Mass. /COURTESY PARTNERS HEALTHCARE

NEW YORK —The Federal Trade Commission is not opposing the merger of Partners HealthCare of Massachusetts and Care New England, the commission confirmed today.

Betsy Lordan, senior public affairs specialist with the FTC, said the agency doesn’t approve mergers. Rather, she said, it either challenges a merger with a complaint, or it doesn’t.

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“The FTC has not challenged this merger,” Lordan said, leaving no further review at the federal level.

At the state level, the R.I. Department of Health is reviewing the merger under an expedited process. An expedited review is typically completed within 90 days instead of the standard review of 120 days. It also doesn’t require a public hearing.

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Joseph Wendelken, spokesman at the RIDOH, said the department’s review is the last regulatory hurdle remaining for the merger. Although the expedited review has been granted, that review doesn’t begin until the parties submit their application with the state, which has not yet happened.

“Once we have an actual application, RIDOH would have 90 days to issue a decision,” Wendelken said.

“The timeline for final decisions is still somewhat fluid and could extend beyond spring,” said James Beardsworth, spokesman for Care New England.

A Partners Healthcare representative could not be reached for comment.

In September, the R.I. Department of Health granted Care New England’s joint application with Partners for an expedited review of the acquisition under the R.I. Hospital Conversion Act.

RIDOH Director Dr. Nicole Alexander-Scott stated in a letter to the parties at the time that it had determined CNE operated “one or more distressed hospitals,” in considering the expedited review. A hospital system must qualify as distressed to qualify for a quicker review, among other considerations, according to the HCA.

In November, CNE reported an operating loss of $26.9 million in fiscal 2018. Excluding an operating loss of $33.5 million in fiscal 2018 for the shuttered Memorial Hospital in Pawtucket, the health care system, known as Care New England’s Obligated Group, posted an operating gain of $6.6 million.

Rob Borkowski is a PBN staff writer. Email him at Borkowski@PBN.com.