ASA Calls on Department of Justice to Investigate UnitedHealth Group's Anti-Competitive Conduct

Today, ASA called on the Antitrust Division of the Department of Justice to perform a thorough investigation into the conduct of UnitedHealth Group (UHG), which is terminating participating provider agreements with anesthesia practices across the country at a high rate. High-quality, affordable anesthesia care is crucial for patient care.  UnitedHealth Group’s terminations of participating provider agreements with ASA member anesthesia practices are harming competition by forcing willing anesthesia practices ‘out-of-network.’ This results in higher out-of-pocket costs and reduced numbers of in-network anesthesiologists for patients, especially where UnitedHealth Group can do this to favor its own employed anesthesiologists. In a letter to the acting assistant attorney general, ASA explained that as UHG is vertically integrated, it has the ability and incentive to leverage its UnitedHealthcare (UHC) subsidiary’s status as a health insurer, including to favor UHG’s health care provider subsidiary, Optum, and its employed anesthesiologists unfairly.

The letter further points out that UHC also operates as a third-party administrator for employer sponsored health plans. Through the guise of a “shared savings” program, UHG has an incentive to reduce the number of in-network anesthesiologists to increase UHG’s profits, while increasing the fees and overall costs passed on to employers. ASA further asserts that anesthesiologists have been harmed by being denied access to UHG’s members, particularly in areas of the country where UHG’s members represent a substantial share of commercially insured patients.