Insight

Health Care Prime

How will M&A shape the American health industry going forward? By adhering to the Amazon model.

Health Care on Demand
Jonathan K. Henderson

Jonathan K. Henderson, Robert A. Guy, Jr., Andrew Kinworthy, and Kevin McDonell

December 21, 2018 12:24 PM

This is an enormously significant period for American health care, as the industry’s ecosystem evolves at an ever-accelerating pace. Four factors—how health care is owned, organized, delivered, and paid for—provide a conceptual framework for understanding this rapid change.

We call this the era of “Health Care Prime” because we recognized those four factors in Amazon’s announcement of its new health care venture with JPMorgan and Berkshire Hathaway earlier this year. Dealmaking and innovation are the most significant change agents in this new health care economy, and Amazon’s initiative will likely spur a considerable amount of both.

Understanding M&A and Innovation

The first six months of 2017 saw the announcement or consummation of 472 mergers-and-acquisitions health care deals, a record number. Over the same six months in 2018, the figure was 530, a 12.3 percent increase on the previous year’s record. We see no signs that this trend will slow anytime soon.

As for innovation, the health care and technology sectors are integrating in ways that now disrupt traditional health care rather than sustain it. New market entrants (such as Amazon), new health-delivery models (telehealth, for example), and new technologies (think artificial intelligence) are just a few of the recent innovations driving this health care transformation.

Ownership and Organization

Complex federal and state regulatory schemes mean the main players in the traditional health care economy have long been health systems, physicians, insurers, drug manufacturers, and the U.S. government (Medicare and Medicaid). In the era of Health Care Prime, by contrast, opportunities will abound for nontraditional players to become owners in the health care market.

Private-equity ownership: Ownership of health care ventures by private-equity organizations is increasing significantly. Health care private-equity activity in 2017 reached $42.6 billion in disclosed value, and the number of deals rose to 265, up 17 percent from a year earlier. Inefficiencies in traditional health care delivery and sector fragmentation make it highly attractive as a target for private-equity investment.

The integrated-care continuum: Evolving market pressures are requiring health care participants to transform their business models and diversify. Companies are expanding and collaborating along a dominant theme of the “integrated-care continuum.” The addition of ancillary service lines, joint ventures between providers and non-providers, and the blending of providers and insurers are illustrative of this shift.

Delivery

Traditional settings for health care delivery are rapidly changing, and companies are rapidly adopting from other industries a variety of models: virtual health, concierge medicine, urgent care, and employer on-site clinics.

Consumerism

A growing sense of consumerism, with patients viewed as customers making choices about an array of health care options, is also occurring. Providers are giving patients the ability to choose how, where, and from whom they get their care. Indeed, many patients now demand the same convenience and transparency from their health care providers that they routinely get when buying other products and services.

The Shift from Inpatient to Outpatient Care

Care is increasingly shifting from inpatient to outpatient settings. Admissions for inpatient care have dropped 12 percent over the last decade, and one of every four hospitals now faces inpatient-care operating losses.

Payment

The standard payment model in health care has long been fee-for-service, in which more procedures mean more money and the fee has no relationship to the outcome. This is rapidly being replaced, however, by pay-for-performance, in which the fee is directly related to the quality of the care and the outcome.

Value-Based Care

Providers are rightly loath to accept outcome-based payments unless they have the ability to control those outcomes. The obvious way for them to do so is via vertical consolidation, through which they capture the entire health care continuum. As care moves to a value-based payment environment, then, providers are likely to become boosters of the integrated-care continuum.

Data Revolution

The rise of big data is disrupting health care in all the right ways. This data revolution has the potential to improve patient outcomes dramatically. At the same time, in a value-based environment, better outcomes lead to higher payments for providers, creating a virtuous circle.

Conclusion

This new era of Health Care Prime is patient-centered. The opportunities to improve patient care are exponential, as are the financial opportunities for those who lead the revolution. Innovation, along with mergers and acquisitions, will be the primary drivers of health care as this vast, vital industry moves from the fallow valleys of old ways to the sunny uplands of the new.

The authors would like to thank Patrick Pilch, managing director and national leader of the BDO Center for Healthcare Excellence & Innovation, and Ygal Schuller, legal project manager for Polsinelli’s Business Department, for their contributions to this article.

Related Articles

In the News: Texas 2019


by Best Lawyers

A roundup of relevant news from lawyers listed in Texas.

Legal News Roundup Texas

Why Cariola Díez Pérez-Cotapos Developed Its Own Legal Tech


by Best Lawyers

Juan Pablo Matus of Cariola Díez Pérez-Cotapos, 2019 "Law Firm of the Year" award for Corporate and M&A Law in Chile, discusses his firm's joint venture with Cognitiva in creating Lexnova, a legal AI system.

Cariola Díez Pérez-Cotapos Interview

What the Seller-Friendly Market Means for Private Equity


by Best Lawyers

JP Bogden and Kurt Sarno of 2019 Canadian "Law Firm of the Year" award-winner Blakes discuss trends in the private equity sector.

Blakes 2019 "Law Firm of the Year" Interview

The Power of Two


by Dale Van Demark and Kerrin B. Slattery

More health care companies than ever see the value of robust partnerships in a constantly changing industry.

Health Care and the Private Sector

In the News: Georgia


by Nicole Ortiz

A summary of newsworthy content from Colorado lawyers and law firms.

In the News Georgia 2018

Q&A with Pablo Perezalonso Eguía of Ritch Mueller


by Best Lawyers

An interview with Pablo Perezalonso Eguía of 2018 Mexican "Law Firm of the Year" Ritch Mueller.

Pablo Perezalonso Eguía – Ritch Mueller

Insurance Coverage to Protect the Health Care Industry from the Increasing Risks Associated with the Internet of Things


by Meghan Magruder and Amy Dehnel

While this connectivity can provide great benefits to patients and physicians, the security issues inherent in these devices are critical.

Insurance for Health Care Industry

The New Era for Health Care Services in the United States


by Bobby Guy & Brook Bailey

The future of Obamacare is unclear, and what U.S. health care will look like when the political fuss is over is an inquiry punctuated by a very large question mark.

Health Care Services

Public Health Reform: What does the future look like for patients?


by Vanessa Mellis

Increased government stewardship and a stronger user orientation are two of the key elements shaping this process.

Public Health Reform

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipemtn

Introduction to Demand Generation for Law Firms


by Jennifer Verta

Learn the essentials of demand gen for law firms and how these strategies can drive client acquisition, retention, and long-term success.

Illustration of a hand holding a magnet, attracting icons representing individuals towards a central