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NYU Stern Report Urges Regulation of Private Equity in Healthcare – MedCity News

Private
equity
ownership
of
healthcare
facilities
has
led
to
significant
problems

including
hospital
closures,
reduced
staffing
and
compromised
healthcare
services

showing
the
need
for
regulation,
a
new
report
shows.

The
report
was
published
in
March
by
the

NYU
Stern
Center
for
Business
and
Human
Rights
.
It
analyzed
peer-reviewed
health
outcomes
research,
bankruptcy
records
and
transaction
data.
It
also
examined
case
studies
from
health
systems
like
Steward
Health
Care
and
Prospect
Medical.

NYU
Stern
details
that
private
equity
firms
have
invested
more
than
$1
trillion
in
debt-financed
healthcare
deals
in
the
last
decade.
Some
studies
show
that
private
equity
ownership
increases
in-hospital
complications
by
25%
and
reduces
nursing
staff
by
4.4%.
In
addition,
private
equity
ownership
of
nursing
homes
correlates
with
11%
higher
patient
mortality
rates.

Research
also
shows
that
private
equity
ownership
increases
the
risk
of
bankruptcy
by
10
times.
In
just
2023
alone,
there
were
34
bankruptcies
of
PE-backed
healthcare
businesses.

Steward
Health
and
Prospect
Medical
are
examples
of
health
systems
that
went
bankrupt
following
private
equity
ownership.
Steward
Health
was
owned
by
PE
firm
Cerberus
Capital
Management
from
2010
to
2021
and
went
bankrupt
in
2024,
while
Prospect
Medical
Holdings
was
owned
by
Leonard
Green
&
Company
from
2010
to
2021
and
went
bankrupt
in
2025.
These
bankruptcies
disproportionately
harmed
low-income
and
rural
communities.

“The
private
equity
model
needs
to
be
adapted
for
the
healthcare
sector,
because
otherwise,
they’re
an
unhealthy
fit.
Here,
on
the
one
side,
you
have
a
business
model
that
is
based
on
public
anonymity,
legal
immunity,
remote
and
financialized
ownership
and
a
lack
of
self-restraining
norms.
On
the
other
side,
you
have
a
sector
where
all
the
stakes
are
life
and
death,”
said
Michael
Goldhaber,
author
of
the
report,
in
an
interview.

That
said,
Goldhaber
noted
that
the
report
is
not
advocating
for
a
ban
of
private
equity
in
healthcare.
PE
firms
do
offer
benefits,
like
providing
capital
and
improving
operational
efficiency.
But
there
is
a
need
for
reform,
he
said.

The
report
provides
several
recommendations
to
private
equity
investors
for
self-reform.
Self-regulation
can
be
a
way
to
avoid
“harsher”
government
regulation,
Goldhaber
said.
These
reforms
include:

  • Provide
    ongoing
    public
    reporting
    on
    company
    finances,
    as
    well
    as
    ownership,
    workforce
    details,
    patient
    outcomes
    and
    customer
    satisfaction.
  • Avoid
    sale-leaseback
    deals
    or
    debt-funded
    dividends,
    and
    don’t
    burden
    healthcare
    companies
    with
    new
    financial
    obligations
    that
    could
    make
    them
    vulnerable
    during
    revenue
    downturns.
  • Keep
    a
    maximum
    ratio
    of
    debt
    to
    cash
    flow,
    which
    would
    help
    prevent
    cost-cutting
    measures
    that
    could
    harm
    care
    quality
    or
    lead
    to
    facility
    closures.
  • Don’t
    cut
    essential
    services,
    shut
    down
    facilities
    or
    reduce
    staff
    or
    wages
    except
    in
    urgent
    situations
    and
    only
    with
    regulatory
    approval.

The
report
also
provides
recommendations
to
state
and
federal
governments
on
how
to
regulate
private
equity
in
healthcare,
including:

  • State
    legislatures
    should
    give
    health
    regulators
    the
    authority
    to
    block
    or
    place
    conditions
    on
    healthcare
    acquisitions.
  • States
    should
    use
    the
    review
    process
    for
    deals
    to
    enforce
    specific
    requirements.
  • Federal
    and
    state
    lawmakers
    should
    deter
    sale-leaseback
    deals
    and
    debt-funded
    dividends
    by
    making
    companies
    that
    use
    these
    practices
    ineligible
    for
    government
    healthcare
    payments.
  • Lawmakers
    should
    hold
    parent
    or
    controlling
    entities
    accountable
    when
    their
    portfolio
    companies
    commit
    fraud
    against
    government
    healthcare
    programs,
    if
    the
    investors
    knew
    about
    the
    misconduct
    and
    failed
    to
    report
    it.
  • Congress
    should
    require
    private
    equity
    firms
    to
    disclose
    detailed
    financial
    information
    to
    the
    SEC
    and
    restrict
    access
    to
    401(k)
    investments
    for
    firms
    that
    do
    not
    comply.


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