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Settlement: Utah v. DaVita /Total Renal Care

SALT LAKE CITY — Today, Utah Attorney General Sean D. Reyes announced a settlement with DaVita, Inc. with regard to antitrust concerns about DaVita’s acquisition of the University of Utah health care system’s entire kidney dialysis business, consisting of 18 clinics and other assets.  The settlement builds upon a settlement between the FTC and DaVita, which was announced on Monday here: FTC Imposes Strict Limits on DaVita, Inc.’s Future Mergers Following Proposed Acquisition of Utah Dialysis Clinics | Federal Trade Commission

Attorney General Reyes explained:  “With our knowledge of local economic realities, we had some concerns that were not fully addressed in the FTC’s settlement.  We appreciate that DaVita was able to work with us to efficiently reach a settlement that alleviates many of those concerns.” 

Among other things, the Utah settlement adds a fourth clinic in Ogden to the three Provo area clinics that are subject to divestiture and monitoring provisions under the FTC settlement and adds a provision that makes it easier for an insurer to include individual clinics, such as the Castleview/Price and Payson clinics, in their provider networks even if the insurer doesn’t elect to include other DaVita clinics. 

“This settlement will make it easier for Utah dialysis patients to get the affordable care they need than would otherwise have been the case after this acquisition,” said Attorney General Reyes.

Read the Settlement Agreement here.

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