Overview
Ashley Fischer advises clients across all sectors of the healthcare industry on their most critical transactions and collaborations. Her health antitrust practice, which includes investigations and conduct matters, makes her a valuable partner to health care businesses as they work to expand their networks and defend their strategic business decisions.
Ashley has successfully defended numerous health system mergers, including competitor collaborations, through federal and state antitrust enforcement agency review and advised them in preparation for such review. Her counsel on antitrust implications in the formation and operation of joint ventures and competitor collaborations is highly sought-after. She works across a variety of care settings, including managed care contracting networks such as clinically-integrated networks (CINs), accountable care organizations (ACOs) and independent practice associations (IPAs). Ashley has also successfully defended health systems in antitrust claims by physicians against hospitals, including those pertaining to medical staff privileging disputes and exclusive contracts.
In addition to her deep health antitrust experience, Ashley routinely counsels health industry clients on ongoing conduct and compliance plans, including managed care contracting practices, physician conflict of interest and medical staff membership disputes, exclusive services agreements, the purchase and use of discounted pharmaceuticals under the Non-Profit Institutions Act, integrated delivery systems and vertical integration, and participation in information exchanges.
Ashley currently serves as a Vice Chair of the American Health Lawyers Association’s Antitrust Practice Group, a role she has held since 2017. She has also served as a member of the firm’s Management Committee since 2107. Previously, Ashley held the role of as Partner-in-Charge of the firm’s Health Industry Advisory Practice Group in Chicago from 2015 to 2018.
Results
- Successfully defended hospital merger investigations of in-market competitors
- Counseled nearly 50 provider contracting networks (CINs, ACOs, IPAs, PHOs) on their formation and operation, including the antitrust implications concerning the sufficiency of clinical integration programs and substantial financial risk sharing, joint contracting and size of network, messenger-model compliance, value-based payor contracts, shared savings models and hospital-efficiency contracts, and Medicare Shared Savings Program (MSSP) requirements
- Successfully defended against antitrust enforcement agency investigations of provider contracting networks
- Advised on competitor collaborations and join ventures, including quality and cost-sharing initiatives, joint purchasing arrangements, co-marketing arrangements, information exchanges and trade association formation and operation
- Successfully defended antitrust claims brought by physicians against health systems
- Counseled clients across all sectors of the health industry regarding ongoing conduct matters such as those involving vertical integration, distribution, restrictive covenants, exclusivity arrangements, restrictive payor contract provisions, and economic credentialing
- Developed antitrust compliance policies, programs, firewalls and audits for clients across all sectors of the health industry
Recognitions
- Chambers USA, 2017 to 2020
- The Best Lawyers in America, 2015 to 2021
- Illinois Super Lawyers, 2016 to 2020
- BTI Client Service All-Star, 2019
- Crain’s Chicago Business, Notable GenX Leader, 2019
- Acritas Stars, 2020
- Law & Politics, Rising Star, 2009 to 2010
- Nightingale’s Healthcare News, Outstanding Healthcare Antitrust Lawyer, 2006
Community
- American Health Lawyers Association, Antitrust Practice Group, vice chair, 2017- present
- American Bar Association, Antitrust Section, Health Care Committee Recent Developments, former editor
Credentials
Education
Northwestern University School of Law, JD, 2000
Georgetown University, BA, cum laude, 1996
Admissions
Illinois
