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FTC Finalizes Consent Order in Sevita, BrightSpring Acquisition

The Federal Trade Commission finalized a consent order involving Sevita Health’s acquisition of BrightSpring Health Services Inc.’s community living business.

The consent order requires Sevita to divest 128 intermediate care facilities (ICFs), which provide services to individuals with intellectual and development disabilities, and other assets such as day-training programs. The consent order requires Sevita to divest the facilities—located in Indiana, Louisiana and Texas—to Dungarvin Group Inc., an experienced operator of ICFs.

The final consent order also imposes other conditions, including requiring Sevita to assist Dungarvin in obtaining all licenses, permits, authorizations or certifications related to, or necessary for, operating the divested facilities.

The final consent order resolves FTC charges that Sevita’s acquisition of BrightSpring’s community living business, called ResCare Community Living, would reduce consumer choice and the quality of care for ICF services for individuals with intellectual and development disabilities in certain markets within Indiana, Louisiana and Texas.

Following a public comment period, the Commission voted 2-0 to approve the final order.

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