ASCs are in the midst of an active wave of consolidation and outside investment. On Sept. 14, a House Judiciary subcommittee will hold a hearing on healthcare fraud and competition that could inform how that activity is regulated going forward, according to a Sept. 10 Legis1 report.
The House Judiciary Committee’s Subcommittee on Administrative State, Regulatory Reform, and Antitrust will convene for a hearing titled “Examining Healthcare Markets: Fraud And Competition,” with all 16 subcommittee members expected to participate.
The session responds to a year of accelerated federal and state enforcement against pricing practices, algorithmic reimbursement controls and industry consolidation that regulators say has inflated patient costs.
That enforcement has already produced high-profile cases. In June, Arizona alleged that MultiPlan engaged in a “conspiracy to suppress reimbursement rates for out-of-network services using a pricing algorithm” — one of several cases nationally challenging how technology is used to set or coordinate reimbursement.
The Federal Trade Commission’s Healthcare Task Force has coordinated aggressive enforcement throughout 2026 on mergers, pharmacy benefit manager practices and payer restrictions, while California and Rhode Island have expanded oversight requirements specifically for private equity investments in healthcare — a trend ASC operators pursuing outside capital should track closely, given how much of the sector’s recent growth has relied on PE-backed platforms.
The stakes extend beyond mergers. The 2026 National Health Care Fraud Takedown charged 455 defendants across 56 federal districts, including 90 licensed medical professionals, in cases alleging more than $6.5 billion in fraud, with lawmakers appearing concerned that weak competitive conditions can enable the kind of misconduct the takedown targeted.
On the merger side, the FTC has blocked deals outright — Alcon’s proposed acquisition of Lensar and Edwards Lifesciences’ bid for JenaValve among them — and in other cases allowed transactions to proceed only after significant concessions. Sevita Health agreed to divest more than 100 facilities to resolve antitrust concerns tied to its $835 million acquisition of BrightSpring. In August, the FTC revised its merger guidance to make its position explicit, stating that “the same antitrust principles governing all other industries apply to health care providers.”
Industry lobbying activity suggests stakeholders already see where this is heading. UnitedHealth Group spent $120,000 on lobbying in the second quarter of 2026 addressing healthcare competition, Medicare Advantage and pharmacy benefit manager issues. Better Solutions for Healthcare has spent roughly $50,000 per quarter lobbying for hospital competition enforcement and price transparency — a sign that both incumbents and reform advocates are positioning themselves ahead of whatever direction the hearing points toward.
At the Becker’s 32nd Annual Meeting: The Business and Operations of ASCs, taking place October 29-31 in Chicago, ASC leaders, surgeons and healthcare executives will explore strategies to drive growth, enhance operational performance, navigate reimbursement challenges and prepare for the future of ambulatory surgery. Apply for complimentary registration now.
