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Private equity investment as a divining rod for market failure: Policy responses to harmful physician practice acquisitions

Reported by Brookings
Oct 5, 2021· 3 min read
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Key Takeaways
  • • Private equity investment in physician practices and health care staffing companies has surged in recent years, with PE-backed firms demonstrating aggressive tactics to exploit existing market failures and legal payment loopholes in the U.S. health care system.
  • • PE-backed physician staffing companies and air ambulance operators were instrumental in driving out-of-network surprise medical billing, resulting in increased both in-network and out-of-network payments and unexpected financial burdens for consumers.
  • • Private equity investor groups spent millions on federal lobbying efforts to block surprise medical billing legislation; Congress ultimately passed the No Surprises Act in late 2020 after sustained regulatory pressure.
  • • The central analytical question remains unresolved: whether private equity itself represents the fundamental problem or whether other capital sources—including public equity, venture capital, health systems, and insurers—would similarly exploit the same market inefficiencies absent PE involvement.
  • • Research indicates PE acquisition of physician practices correlates with increases in health care spending and utilization, with physician reports of reduced independence and pressure to meet financial targets that sometimes drive unnecessary procedures.
Summary
The USC-Brookings Schaeffer Initiative for Health Policy released a white paper examining private equity's expanding footprint in physician practices and health care staffing, documenting how institutional PE investment has accelerated markedly while raising substantive concerns about cost inflation and quality degradation in patient care delivery. The paper, supported by Arnold Ventures, frames private equity as a "divining rod for market failure," suggesting that PE's aggressive capital deployment may reveal—and exploit—structural inefficiencies and regulatory gaps in health care markets.

The most documented harm centers on surprise medical billing. PE-backed physician staffing companies and air ambulance operators systematically leveraged out-of-network billing practices, a strategy that benefited investors through higher reimbursements while exposing consumers to unexpected financial liabilities. This model proved sufficiently profitable that PE firms subsequently invested millions in federal lobbying campaigns designed to obstruct surprise billing reform legislation. The industry's resistance persisted until Congress enacted the No Surprises Act in late 2020, which established baseline protections against surprise billing charges.

A critical analytical tension underlies the research: the white paper acknowledges that attributing all health care market dysfunction to private equity may obscure a deeper question. Other potential acquirers—including traditional public equity investors, venture capital firms, health systems themselves, and insurance companies—possess equivalent financial incentives to exploit the same regulatory gaps and payment loopholes. The paper does not definitively resolve whether PE represents a categorical problem or merely one particularly aggressive manifestation of capital seeking returns in a fractured market structure.

Empirical findings on PE-acquired physician practices document measurable operational consequences. Research associates PE acquisitions with increases in health care spending and utilization rates. Additionally, physicians operating under PE ownership report diminished professional autonomy and heightened pressure to meet financial performance targets, sometimes resulting in unnecessary diagnostic testing and procedures. These dynamics suggest that PE's financial engineering extends beyond capital structure into clinical decision-making processes, with material implications for both cost and care quality.

The paper positions this analysis within a broader policy question: whether regulatory intervention should target PE investment specifically or address the underlying market failures that make health care acquisition attractive to capital in the first place. This framing distinguishes the USC-Brookings analysis from purely adverse commentary, instead treating PE behavior as symptomatic evidence of systemic vulnerabilities in payment mechanisms, regulatory oversight, and competitive dynamics within American health care.

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Brookings Private equity investment as a divining rod for market failure: Policy responses to harmful physician practice acquisitions