U.S. Anesthesia Partners files motion to dismiss FTC monopoly suit
HOUSTON - U.S. Anesthesia Partners has filed a motion to dismiss the Federal Trade Commission's civil complaint alleging that it formed a monopoly in Texas and drove up prices.
The FTC alleges that USAP and a private equity firm bought up anesthesia practices across the state to suppress competition.
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The FTC says the move has cost Texans tens of millions of dollars more each year in anesthesia services when undergoing medical procedures.
FILE PHOTO. Surgical Equipment (Photo by: BSIP/Universal Images Group via Getty Images)
USAP says the FTC inaccurately represented the anesthesia market in Texas and failed to make its case.
USAP says reimbursements it receives for care are in line with industry standards.
The motion to dismiss was filed in the U.S. District Court for the Southern District of Texas.
USAP sent us the following statement:
"U.S. Anesthesia Partners ("USAP"), a leading provider of high-quality anesthesia care, today filed a motion to dismiss the Federal Trade Commission’s (FTC) civil complaint alleging that certain USAP business practices violate U.S. competition laws.
USAP filed a motion to dismiss the complaint because, among other things, the FTC has inaccurately represented the anesthesia market in Texas and has failed to properly allege that USAP has monopoly power by charging more than a competitive price.
Dr. J. Scott Holliday, a USAP physician in Texas and a USAP Board member, said: "The FTC’s civil complaint against USAP is based on flawed legal theories and a lack of understanding about the health care industry. It is an attack on our independent, physician-owned and physician-led medical practice rather than a valid complaint that has credible allegations of anticompetitive harm. USAP has filed a motion to dismiss this complaint given the agency is acting outside the scope of its authorized powers."
Texas is a highly competitive health care environment and USAP competes with both large and small anesthesia groups as well as individual anesthesiologists across the state. Additionally, the reimbursements USAP receives for care are in line with industry standards and reflect the complex nature of treating the most critically ill patients.
Dr. Derek Schoppa, another practicing USAP physician in Texas and a USAP Board member, added: "The FTC’s allegations are misguided. Our collaborative partnerships with facilities and health systems have led to improved clinical protocols and superior quality programs that bring significant value by helping to reduce the total cost of care to health plans and patients. We remain focused on caring for the patients we serve in our communities."