Senate report slams private equity’s ownership of hospitals

A bipartisan Senate report on private equity ownership of two health systems shows PE investment puts a priority of profit over patient health and hospital finances.

A yearlong investigation found that patient care deteriorated at both systems, while private equity owners received millions, according to the Senate Budget Committee’s bipartisan staff report, “Profits Over Patients: The Harmful Effects of Private Equity on the U.S. Health Care System.”

The investigation was led by Senate Budget Committee Chairman Sheldon Whitehouse, D-R.I., and Ranking Member Charles E. Grassley, R-Iowa.

WHY THIS MATTERS

The report centered on the hospital Ottumwa Regional Health Center in Iowa and its operating company, Lifepoint Health in Tennessee.

Private equity company Apollo Global Management owns Lifepoint Health.

The investigation expanded to include other entities, including PE firm Leonard Green & Partners and hospital operator Prospect Medical Holdings, in which Leonard Green & Partners held a majority stake. Leonard Green & Partners (LGP) is a private equity firm in Los Angeles that owns hospitals under Prospect Medical Holdings (PMH).

“LGP and PMH’s primary focus was on financial goals rather than quality of care at their hospitals, leading to multiple health and safety violations as well as understaffing and the closure of several hospitals,” the report said.

The investigation originated from questions over the role, if any, private equity played in a series of patient sexual assaults by a nurse practitioner at the Iowa hospital. In 2022, a nurse practitioner fatally overdosed on drugs acquired at the hospital. Police discovered the nurse had sexually assaulted nine incapacitated female patients over a two-year period, the report said.

Prospect Medical Holdings owns and operates hospitals in urban and suburban areas, primarily on the East and West Coasts, including Connecticut, Rhode Island, Pennsylvania and California.

It is a previously public traded company that went private in 2010 when LGP acquired a 61% majority stake. During the course of LGP’s majority ownership, Prospect Medical Holdings acquired 16 hospitals over a span of four years. PMH has operated a total of 21 unique hospitals, the report said.

Apollo has a 97% ownership stake in Lifepoint Health, a company that owns and operates acute care hospitals in predominantly rural areas. This includes Ottumwa Regional Health Center. Apollo owns around 220 hospitals nationwide, making it the single largest private equity owner of hospitals in the United States, the report said.

Ottumwa has been under PE ownership since 2010, when it was acquired by the PE-owned hospital operator RegionalCare, which was later acquired by Apollo.

KEY FINDINGS

The report’s key findings show that LGP controlled the Prospect Medical Holding board of directors, which incentivized management to satisfy financial goals regardless of patient outcomes.

“According to documents obtained by the committee, discussion amongst PMH and LGP leadership during board meetings centered around profits, costs, acquisitions, managing labor expenses and increasing patient volume – with little or no discussion of patient outcomes or quality of care.”

Current PMH leadership has overseen the closure of eight hospitals, with three-fourths coming during or directly after LGP’s majority ownership, including four in Texas and two in Pennsylvania.

Several hospitals suffered from labor cuts, decreased patient capacity, unsafe building maintenance and financial distress, the report said.

Despite this, LGP took home $424 million of the $645 million that PMH paid out in dividends and preferred stock redemption, in addition to over $13 million in fees, leaving PMH in severe financial distress.

In order to pay investors dividend distributions, PMH was forced to take on hundreds of millions of dollars in debt, running out of cash and defaulting on its loans, the report said.

ORHC’s PE owned companies, including Lifepoint Health, have failed to fulfill at least seven promises, including legally binding ones made to Ottumwa, including those related to growth, physician recruitment, routine capital expenditures, charity care, patient satisfaction and continuation of services.

Patient volumes have decreased, likely due to long wait times in the ER, outgoing transfers, insufficient staffing and a lack of specialists, the report said. This has also resulted from having a poor reputation in the community.

Because of financial harm, OTHC is dependent on Lifepoint Health to pay its expenses.

However, Lifepoint pays Apollo $9.2 million annually in management fees, as well as a 1% transaction fee each time Lifepoint completes an acquisition, which included a $55 million fee in relation to the acquisition of Lifepoint Health in 2018.

THE LARGER TREND

PE and other private funds had less than $1 trillion in managed assets in 2004, but now manage more than $13 trillion globally. PE firms create affiliated funds with money raised from investors, such as pension funds, foundations and insurance companies. The intention is generating returns for their investors within a short period of time.

PE has grown in healthcare. In the 2010s investors spent more than $1 trillion. By 2021 PE investment had reached an all-time high of 515 deals valued at $151 billion.

ON THE RECORD

“Recent peer reviewed studies have generally found negative consequences for general acute care hospitals during the first three years of PE ownership as compared to non-PE owned hospitals, including lower quality of care, increased transfers to other hospitals, decreased staffing and higher prices,” the report said.

Senator urges Pennsylvania AG to intervene in Crozer sale

Pennsylvania state Sen. Tim Kearney has raised concerns about the lack of transparency and details around the planned sale of Upland, Pa.-based Crozer Health and has called on the state attorney general to step in and conduct a thorough analysis of the deal, the Daily Times reported Aug. 22.

Earlier this month, Los Angeles-based Prospect Medical Holdings and CHA Partners signed a letter of intent for CHA to acquire Crozer. The proposed deal would involve transitioning Crozer’s four hospitals back to nonprofit status.

“Prospect’s proposed sale of Crozer to CHA Partners LLC exemplifies the need for state oversight of hospital sales, as both entities appear to have histories of burning public partners despite demanding hefty subsidies,” Mr. Kearney said in a statement shared with Becker’s.

Unlike many other states, Pennsylvania’s Attorney General lacks statutory authority to deeply evaluate these deals, according to Mr. Kearney. 

“While the AG’s legal settlement with Prospect gives them some oversight of this deal, the legislature needs to provide the AG with greater authority to protect hospitals and the communities that depend on them,” he said. “If the choice is CHA or closure, then we need some assurances that they will be a responsible organization and not just a profiteering speculator.”

Prospect, a for-profit company, plans to sell nine of its 16 hospitals in Pennsylvania, Rhode Island and Connecticut and is also being investigated by the Justice Department for alleged violations of the False Claims Act. A spokesperson for Prospect told Becker’s the system will continue to cooperate with the investigation, but feels that the allegations have no merit. 

CHA did not respond to Becker’s request for comment.

The hottest market for hospital M&A

Hospital consolidation continues to gather momentum across the country, with one state in particular, Pennsylvania, seeing more merger and acquisition activity than any other.

Here are seven hospital and health system deals announced or completed in Pennsylvania so far this year:

1. Risant Health, part of Kaiser Permanente, acquired Danville, Pa.-based Geisinger Health, a 10-hospital system, on March 31. Oakland, Calif.-based Kaiser said Risant plans to acquire four to five more community-based health systems over the next four to five years.

2. Washington (Pa.) Health, a two-hospital system, joined Pittsburgh-based UPMC in June. UPMC will invest at least $300 million over the next 10 years to improve services at the two hospitals, which have been rebranded as UPMC Washington and UPMC Greene hospitals. 

3. WellSpan Health acquired Lewisburg, Pa.-based Evangelical Community Hospital, effective July 8. York, Pa.-based WellSpan now includes eight hospitals and more than 21,000 team members, including 2,000 employed providers.

4. Philadelphia-based Jefferson Health and Allentown, Pa.-based Lehigh Valley Health Network merged Aug. 1. The combination created one of the 15 largest nonprofit health systems in the U.S., with 32 hospitals and more than 700 sites of care. 

5. Doylestown (Pa.) Health and Philadelphia-based University of Pennsylvania Health System in August signed a definitive agreement for Doylestown to become part of Penn Medicine, a six-hospital system. Pending final federal and state approvals, the systems aim to integrate clinical care and operations by early 2025

6. Franklin, Tenn.-based Community Health Systems plans to sell its three Pennsylvania hospitals to nonprofit organization WoodBridge Healthcare. The $120 million deal is anticipated to close in the fourth quarter. 

7. Los Angeles-based Prospect Medical Holdings and CHA Partners signed a letter of intent in August for CHA to acquire Upland, Pa.-based Crozer Health. The proposed deal would involve transitioning Crozer’s four hospitals back to nonprofit status. CHA, which owns five hospitals in New Jersey, is working to reach a definitive agreement for the acquisition of Crozer.

Who is CHA Partners? Here’s what to know about the New Jersey company looking to buy Delco’s Crozer Health

https://whyy.org/articles/cha-partners-crozer-health-delaware-county-purchase-proposal-what-to-know-new-jersey/

CHA Partners LLC emerged last week as the mystery suitor interested in acquiring Crozer Health and its ailing four-hospital system in Delaware County.

The New Jersey–based real estate firm has a record of buying, stabilizing and selling struggling hospitals, but at least one organization with a history with the company says they’re skeptical about CHA saving health care in Delco.

“It’s really just shocking that both CHA and another community would be interested in going down the same road that we’ve gone [down],” said Paul DiLorenzo, executive director of the Salem Health and Wellness Foundation.

Since its founding in 2008, CHA Partners has acquired and turned around five hospitals in New Jersey. The list includes the Barnert Medical Arts Complex in Paterson, the Greenville Medical Arts Complex in Jersey City, the William B. Kessler Medical Arts Complex in Hammonton and the Muhlenberg Medical Arts Complex in Plainfield.

The fifth and most recent hospital project involved the 2019 acquisition and revival of Salem Medical Center, formerly known as Memorial Hospital of Salem County. The hospital was on the brink of closure after years of a shrinking patient population and aging infrastructure.

“CHA offered to take over the hospital, but needed local support as a part of the initial investment,” DiLorenzo said.

Salem Health and Wellness Foundation, a nonprofit organization that supports public health and social services programs in the community, agreed to step in.

According to court documents, the foundation gave Salem Medical Center and CHA Partners about $39 million in grants and loans to save the local hospital.

CHA Partners sold Salem Medical Center to Inspira Health Network in 2022, but DiLorenzo said the real estate firm still owes the community foundation upwards of $4 million in unpaid loans and legal fees.

The majority of the loan balances were forgiven and the Salem community foundation sued CHA Partners to recoup the rest. They won in court this past May, but DiLorenzo said the foundation has yet to receive any payments.

Now, as the real estate firm moves to acquire another hospital system — Crozer Health in Delco — DiLorenzo said anger “is an understatement.”

“It’s astounding to us that CHA would be negotiating to do that when they’re not doing anything in good faith to pay the bills that are owed to us and to make the people of Salem County whole again,” he said.

CHA Partners declined to comment on its pending deal with Crozer Health or its standing with Salem Health and Wellness Foundation, which was involved with just the single hospital in Salem and not any of the other four New Jersey hospitals that CHA has acquired and stabilized.

CHA recently signed a letter of intent to purchase the hospital system from Crozer Health’s parent company, Prospect Medical Holdings.

The real estate firm would transition the health system from for-profit to nonprofit status, according to Crozer officials who announced the preliminary, nonbinding deal to staff last week. Prospect will work with CHA over the next few months to complete a transfer of ownership, but until then, there are no guarantees of a completed sale.

Prospect and Crozer officials declined to comment specifically on CHA’s history with the hospital in Salem, New Jersey, and the Salem Health and Wellness Foundation. But in an announcement to staff, Crozer leadership described CHA as a company committed to “preserving health care and jobs in the communities it serves” and turning around hospitals, with “each dedicated to providing exceptional care to local residents.”

Following the recent news of a potential new buyer for the Crozer Health system, Pennsylvania state Sen. Tim Kearney released a statement Thursday with concerns about the potential deal.

“The health and well-being of our constituents in Delaware County must be the top priority,” Kearney said. “I am calling on the Attorney General to conduct a thorough analysis of this acquisition. CHA’s track record must be carefully examined to determine if it is indeed a responsible and suitable buyer that will prioritize the health care needs of our community.”

After their experience in Salem County, DiLorenzo echoed those precautions. And while he blames CHA for failing to pay his foundation back, he said this is all a symptom of widespread challenges facing the United States health care industry.

“Poor communities, poor rural communities in particular, are really struggling to make the equation of all this work,” DiLorenzo said. “You have low insurance reimbursement rates, you don’t have the number of people to create a volume, you have health care systems that you know are trying to make the investment in communities, but they can’t make the numbers work. So, this is something that’s bigger than just Salem or just Delaware County.”

Crozer Health is the region’s main EMS provider and home to its primary trauma center and contains the county’s only burn unit. Last October, parent company Prospect Medical Holdings agreed to a deal with the state Attorney General’s Office and the Foundation for Delaware County to sell the distressed hospital system.

In February, the court-approved plan set in motion a 270-day window for Prospect to locate a nonprofit buyer.

WHYY News first reported last month that Prospect had found a potential buyer, but the identity of CHA Partners was not revealed until this past week. Prospect had also asked Pennsylvania officials for $100 million to $500 million in state funds to help finance the deal.

Optum’s behavioral health business: 5 things to know

UnitedHealth Group’s Optum, the largest employer of physicians in the U.S., is expanding its reach in behavioral health. 

The company added 45,000  therapists, psychiatrists and behavioral health providers to its network in 2023, and it has more than 430,000 behavioral health clinicians in its network overall. 

Here are five things to know about Optum’s behavioral health offerings: 

  1. The company is acquiring behavioral health clinics. Optum recently picked up Care Counseling, which employs more than 200 clinicians at 10 clinics in the Minneapolis area. In 2022, Optum acquired Refresh Mental Health, which operates more than 300 outpatient sites in 37 states.
  2. Optum’s acquisitions of behavioral health providers have helped cut wait times for patients, Optum CEO Heather Cianfrocco said in May.

    “On average it takes over 50 to 60 days to get an appointment for high-quality behavioral care,” she said. “We started acquiring our own behavioral providers to be able to reduce that access issue.” 
  3. The company is also targeting in-home behavioral care. In December 2023, Amar Desai, MD, CEO of Optum Health, said the company had integrated behavioral care into its home health offerings.

    “As a practicing physician, I am particularly excited that we are becoming the practice and partner of choice in the marketplace,” Dr. Desai said of the business.
  4. Optum also administers behavioral health benefits systems for states, though it recently lost contracts to manage programs in Maryland and Idaho.
  5. OptumRx, a pharmaceutical benefit manager, provides medication management for behavioral health, substance use disorder and other complex drugs for more than 1 million people each year.

University of California, UCSF reach agreement on purchase of Dignity hospitals

The entities agreed to maintain services, provide capital investments and protect competition in the healthcare market.

California Attorney General Rob Bonta announced a settlement agreement this week reached by The Regents of the University of California and UCSF Health regarding their $100 million purchase of Dignity Health’s two San Francisco hospitals, St. Mary’s Medical Center (SMMC) and Saint Francis Memorial Hospital (SFMH).

Dignity Health is a nonprofit public benefit corporation that owns and operates SFMH, a 259-licensed-bed general acute care hospital, and SMMC, a 240-licensed-bed general acute care hospital. Both hospitals serve a diverse community, including a large number of elderly, unhoused and publicly insured patients who may rely on Medi-Cal, Medicare or charity care to access essential health services.

Under the settlement agreement approved by the San Francisco Superior Court, The Regents and UCSF Health commit to maintain services for the unhoused and Medi-Cal and Medicare beneficiaries, provide $430 million in capital investments, protect competition in the healthcare market and safeguard the affordability of and access to services for residents of San Francisco.

WHAT’S THE IMPACT

The Regents and UCSF Health agreed to a number of conditions over the next 10 years, including operating and maintaining SFMH and SMMC as licensed general acute care hospitals with the same types and levels of services, and associated staffing. They also agreed to continue participating in Medi-Cal and Medicare.

Also agreed upon was providing an annual amount of charity care at SFMH equal to or greater than $6.5 million and at SMMC equal to or greater than $3.5 million, with an annual increase of 2.4% at both hospitals.

The two entities agreed to provide an annual amount of community benefit spending for community healthcare needs at SFMH equal to or greater than $1.6 million and at SMMC equal to or greater than $10.7 million, to increase yearly by 2.4% at both hospitals.

UCSF Health and The Regents also pledged to invest at least $430 million, including at least $80 million for electronic medical record systems and related technologies, and at least $350 million in deferred maintenance and physical infrastructure improvements at both hospitals.

In addition to those agreements, they also agreed to a number of conditions over a seven-year period meant to maintain competition in the healthcare market, in part by maintaining contracts with the City and County of San Francisco for services at SFMH and SMMC unless terminated for cause.

The Regents and UCSF Health agreed to not condition medical staff privileges or contracts on the employment, contracting, affiliation, or appointment status of a physician with UCSF Health or any affiliate; not impose any requirement on any member of the hospitals’ medical staff, as a condition of either their medical staff membership or privileges that restricts them from contracting with providers other than UC Health; and negotiate all payer contracts for the hospitals separately and independently from payer contracts for UCSF Health, and maintain an information firewall between the two negotiating teams.

Finally, the two entities agreed to require, for five years, a price growth cap that limits the maximum that the hospitals may charge a payer from year to year upon renegotiation of contracts.

THE LARGER TREND

Mergers and acquisitions are expected to rebound this year after M&A activity fell to its lowest level in 10 years globally in 2023, according to Reuters.

Deal making last year was weighed down by high interest rates, economic uncertainty and a regulatory scrutiny, with all but the last factor slowly abating for renewed confidence.

Hospital M&A turns to strategy over scale

Health systems put an emphasis on strategy over scale in hospital transactions announced in the second quarter of 2024, according to a July 9 report from Kaufman Hall.

As pressure intensifies to transform the current healthcare system to bring greater value to patients and communities, the impetus for M&A activity will rely less on seeking capital in traditional ways and instead move toward new, strategic partnership models,” Anu Singh, managing director and mergers & acquisitions practice leader with Kaufman Hall, said in a July 9 news release. “Many of these M&A transactions enable hospitals to sustain and enhance access to care, launch new services, or strengthen and stabilize systems, which allows for future growth.”

Five things to know:

1. There were 11 hospital transactions announced in the second quarter of 2024, below historic Q2 averages. There were 20 hospital transactions announced in the second quarter of 2023.

2. Despite fewer overall deals, total transacted revenue in the quarter remained near historic highs at $10.8 billion.

3. Three of the 11 announced transactions involved religiously affiliated acquirers. Two involved academic or university-affiliated acquirers. The other six involved not-for-profit health system acquirers.

4. For the first time since Kaufman Hall tracked this data, there were no for-profit health system acquirers in the quarter. Kaufman Hall said in the report that this continues a trend of low for-profit buy-side activity. In the first quarter of 2024, just one of the 20 announced transactions involved a for-profit acquirer.

5. The emphasis on strategy over scale “characterized the most significant transactions of Q2 2024 and built upon trends we have been commenting on in recent past reports,” Kaufman Hall said.

Those trends are:

  • Pursuit of intellectual capital and new or complementary capabilities through a strategic partnership, often involving an innovative partnership model.
  • Focus of large regional or national systems on market reorganization and strategic realignment of their system portfolios.
  • The development of networks involving academic health systems and community hospital partners to sustain and enhance access to care.

Read the full report here.

Cone Health to join Kaiser Permanente subsidiary Risant Health

https://www.kaufmanhall.com/insights/blog/gist-weekly-june-28-2024

Last Friday, Greensboro, NC-based Cone Health announced that it signed a definitive agreement to join Risant Health, Kaiser Permanente’s not-for-profit subsidiary.

Launched in April 2023, Risant aims to acquire and support not-for-profit health systems focused on value-based care.

If the deal is approved by regulators, Cone Health, a $2.8B not-for-profit system with five hospitals and an insurance arm, would join Danville, PA-based Geisinger as Risant’s second member.

As part of the deal, Risant will invest an undisclosed sum into Cone, but Cone will continue to operate independently, retaining its branding, leadership, and ability to work with multiple insurers. The two parties expect to close the deal in the next six months.

The Gist: Like Geisinger, Cone has a strong track record of value-based care, including a 15K-member health plan and a high-performing accountable care organization.

Neither Risant nor Kaiser has operations in North Carolina, a state currently seeing strong population growth

Risant has previously said that is looking to acquire four or five more systems in addition to Geisinger, in order to reach a combined revenue target of $30-35B over the next five years.

    Risant Health plans to acquire North Carolina system

    Risant Health, a nonprofit formed under Oakland, Calif.-based Kaiser Permanente, has signed a definitive agreement to acquire Greensboro, N.C.-based Cone Health.

    The news comes less than three months after Risant acquired its first health system, Danville, Pa.-based Geisinger Health. If the transaction closes, Cone Health will operate independently as a regional and community-based health system under Risant, which supports organizations with technology and services to improve outcomes and lower care costs in diverse business models.“Cone Health’s impressive work for decades in moving value-based care forward aligns so well with Risant Health’s vision for the future of healthcare. Their longstanding success and deep commitment to providing high-quality care to North Carolina communities make them an ideal fit to become a part of Risant Health,” CEO, Jaewon Ryu, MD, said in a June 21 news release. “We will work together to share our industry-leading expertise and innovation to expand access to value-based care to more people in the communities we serve.” 

    Cone Health includes four acute-care hospitals, a behavioral health facility, three ambulatory surgery centers, eight urgent care centers and more than 120 physician practices, according to its website. It has more than 13,000 employees and over 700 physicians, along with 1,800 partner physicians. “As part of Risant Health, Cone Health will build upon its long track record of success making evidence-based health care more accessible and affordable for more people. The people across the Triad will be among the first to benefit,” Cone Health President and CEO Mary Jo Cagle, MD, said. 

    Cone Health will maintain its brand, name and mission, and maintain its own board, CEO and leadership team. It will continue to work with health plans, provider organizations and independent physicians. Dr. Cagle said she does not anticipate changes in the types of care Cone Health provides as a result of becoming part of Risant. The proposed transaction is subject to regulatory approvals and closing conditions.

    OHSU to lay off at least 500 employees

    Portland-based Oregon Health & Science University told staff June 6 that it plans to lay off at least 500 employees, citing financial issues. 

    “Our expenses, including supplies and labor costs, continue to outpace increases in revenue,” top leaders told staff in a message shared with Becker’s. “Despite our efforts to increase our revenue, our financial position requires difficult choices about internal structures, workforce and programs to ensure that we achieve our state-mandated missions and thrive over the long term.”

    Willamette Week was first to report the news, which follows Oregon Health & Science University and Portland-based Legacy Health signing a binding, definitive agreement to come together as one health system under OHSU Health. OHSU Health would comprise 12 hospitals and, more than 32,000 employees and will be one of the largest providers of services to Medicaid members in Oregon. 

    An Oregon Health & Science University spokesperson told Becker’s more information about the layoffs will be provided in the coming weeks.

    In the June 6 message, leaders told staff that “while we work to address short-term financial challenges, we must also plan for an impactful and successful future. We understand that last week’s announcement regarding the Legacy Health definitive agreement, while exciting and potentially transformational, raises questions about how we can afford the required investment in light of our financial situation.”

    They added that a capital investment in Legacy “represents a strategic expansion designed to enhance our capacity,” and will be funded by borrowing with 30-year bonds.  

    “These capital dollars cannot be used to close gaps in our fiscal year 2025 OHSU budget or to pay our members. The OHSU Strategic Alignment and budgetary work would be necessary with or without the Legacy Health integration,” leaders said.

    OHSU has planned a town hall next week to further discuss the combination with Legacy. 

    Leaders said discussions between managers and members about workforce reductions will begin after the annual review and contract renewal process, with additional reductions occurring over the next few months.