Private-equity firms are merging doctor groups to create firms that critics say are big enough to wield excessive power over prices
By Peter Whoriskey
June 29, 2023 at 6:00 a.m. EDT
(Illustration by Tucker Harris/The Washington Post)
The multibillion-dollar private equity firm Welsh, Carson, Anderson & Stowe took less than a year to create, from scratch, Colorado’s biggest and most prominent anesthesiology practice.
The financiers created a company, U.S. Anesthesia Partners, which in 2015 bought the largest anesthesiology group in the Denver region. Then it bought the next largest. Then it bought a few more. The company employed 330 anesthesiologists in Colorado at one point, according to its website, making it the state’s largest practice by far. It obtained contracts at 10 of the region’s 15 largest hospitals, according to the hospitals.
The Federal Trade Commission, which is supposed to prevent unfair business practices, questioned the company’s growth but did not stop it.
The company raised prices for its services — one by nearly 30 percent in its first year in Colorado — and continued raising them for several years, according to interviews and confidential company documents obtained by The Washington Post. The price hikes boosted patient bills and pushed up insurance rates, former company physicians and managers said. Eventually, some of the company’s own doctors became disillusioned, physicians said, with about 1 in 3 leaving the company over a three-year period.
“The company became big enough to influence pricing and raised prices because it could,” said Matt Bigalk, who worked as director of operations at USAP’s Colorado branch from 2015 to 2017 and who previously handled negotiations with insurers for one of the merged firms. He now works at another Denver anesthesia practice.
A spokesman for U.S. Anesthesia Partners denied that it wielded monopoly power. The company said the firm faces plenty of competition and pressure from insurance companies.
As the United States struggles to control medical costs, however, private-equity firms like Welsh Carson have become critical players in health-care economics, with private-equity funds acquiring hundreds of physician practices across America and, according to multiple academic studies, raising prices while returning billions to investors.
A 2022 study published in JAMA Internal Medicine based on six years of data, for example, found that when anesthesia companies backed by private-equity investors took over at a hospital outpatient or surgery center, they raised prices by an average of 26 percent more than facilities served by independent anesthesia practices.
Since its founding in 2012, USAP has built a staff of more than 4,500 clinicians and spread to nine states, typically following the same approach it took in Denver: acquiring the largest anesthesiology firm in a city and growing its reach from there, company officials said. It has issued more than $1.3 billion in dividends to its shareholders.
Information about private-equity acquisitions of doctor groups is scarce because private-equity firms are not required to make the same financial disclosures that public companies do. Because of confidentiality agreements, the academic analyses of the industry do not name the companies raising prices.
Internal USAP documents shared with The Post, however, offer a rare glimpse into one such private-equity venture into physician services, describing both the price hikes and how the company dealt with federal regulators reviewing whether USAP was accumulating monopoly power. The Post also interviewed or reviewed legal documents from a dozen former USAP anesthesiologists.
USAP executives declined an interview on the record but provided some answers in written statements. Their public relations representative, Jeff Birnbaum, provided others.
“USAP faces significant competition in Colorado, from a variety of groups and health care organizations,” said a statement from Robert Coward, the company’s chief executive. “USAP’s average annual net rate increases from major insurers in Colorado are modest and in line with national benchmarks.”
The company’s clinical governance board in Colorado, composed of 10 physicians, also sent a statement: “USAP-Colorado is a physician-run, patient-focused anesthesia practice that is proud of the quality of care that we provide,” the board members said. “A few disgruntled former USAP physicians here have apparently complained to you about us, but they are providing you with provably false information. USAP does not exercise market power in Colorado … We are pleased with the way physicians are scheduled and compensated.”
Company officials did not share annual price increases on contracts but said the company’s negotiated rates with insurers in Colorado rose at the rate of 3.7 percent annually from 2014 to 2019. That's a total increase of 20 percent over the five-year period, meaning USAP's prices rose twice as fast as median prices measured by a national survey by the American Society of Anesthesiologists.
The company called that survey unreliable, saying its sample size is too small; the ASA collects voluntary information from about 200 or more practices annually. The company also objected to comparing its five-year price increase to the national median price increase, saying the average increase would be a more appropriate comparison. While the median increase was about 9 percent for that period, the average increase was about 10 percent, according to ASA survey publications. By either measure, USAP’s prices rose about twice as fast as prices nationally.
Eventually the company raised prices so high that in 2020, United Health, the nation’s largest health insurer, terminated its contract with USAP, saying the anesthesia company had pushed its rate demands too far. The insurer said it had singled out the USAP contract for termination because the company wanted to charge 70 percent more than competitors in Colorado and twice as much as competitors in Texas. USAP blamed the cancellation on a national strategy by the insurer to push down prices. The two sides later reached an agreement.
Antitrust reviewers have looked into USAP’s acquisitions at least three separate times, according to company accounts, physicians and media reports. None of the inquiries has ended with enforcement action. The earliest of the known inquiries was in September 2016, shortly after USAP moved into Colorado, when company officials faced questions from the FTC. In response, two company representatives flew to Washington to assure FTC officials that there was still plenty of competition in the region, according to interviews and the company documents obtained by The Post.
One of the company representatives was Peter Harkness, an anesthesiologist who was then chairman of the clinical governance board of USAP’s Colorado branch.
Peter Harkness, an anesthesiologist, sued USAP with four colleagues in 2020 to extract themselves from their employment contracts. (Stephen Speranza for The Washington Post)
Today, he believes that USAP’s presentation to the FTC was misleading though he believed it to be accurate at the time.
“I was given talking points [for the FTC meeting], but I’m a doctor not a businessman,” Harkness said. “What USAP led us to believe would happen is that we were going to be the premier practice in Denver. Patients and quality would be the first priority. ”
It didn’t turn out that way, Harkness and other USAP physicians said.
Harkness sued USAP with four colleagues in 2020 to extract themselves from their employment contracts, arguing that they contained an unreasonably restrictive noncompete clause that required them to pay damages to USAP to practice elsewhere in Denver. The heart of the case was settled with the doctors paying undisclosed amounts to USAP and the company terminating restrictions on where they could work in Denver.
The Colorado attorney general also has reviewed the company’s practices, former physicians said, and the FTC was investigating again as recently as last year, the Wall Street Journal reported. Neither of the agencies has pursued antitrust enforcement against USAP. The agencies declined to comment.
Officials with USAP declined to comment on the investigations other than to point out that the FTC 2016 inquiry ended without enforcement action.
“We cannot comment on any inquiries other than to say that USAP cooperates fully with information requests from government agencies and regulators,” a USAP spokesman said. As for patients, the company said they are satisfied and quality has improved under its management.
Origins of U.S. Anesthesia Partners
The private-equity firm that created USAP, Welsh, Carson, Anderson & Stowe, is a New York outfit that specializes in buying and managing health-care and technology firms. Since its founding in 1979, the firm has invested more than $31 billion on behalf of its clients.
Funds raised by Welsh Carson have invested in, among other things, doctor groups in radiology, emergency medicine and outpatient surgery.
Its venture in anesthesiology was financed from a $3.9 billion fund Welsh Carson raised in 2009.
The anesthesia company created by Welsh Carson began in 2013 when it purchased Greater Houston Anesthesiology, that city’s largest practice. It then bought the largest practice in Dallas, and then the largest in Orlando. It then added other firms in those regions, creating even bigger doctor groups in those markets.
The company’s growth strategy involved “identifying the most attractive geographies and establishing a presence within them by partnering with the leading groups of anesthesiologists,” the company’s chief executive at the time, Kris Bratberg, said in a press release.
In presentations to the doctor groups it wanted to buy, executives from Welsh Carson and USAP presented a vision of an anesthesiology firm that would be more efficient and more profitable: back office operations would be combined; the larger firm would have the money to invest in technology for monitoring quality.
The expanded doctor groups would also have more negotiating power to command higher prices from commercial insurers. A USAP presentation at the time described the economic incentives of the larger firm as “Better contracts … Lower overhead.”
Asked for comment on the story, Welsh Carson responded with a statement through a public relations firm, Goldin Solutions.
“We are proud of the dedicated clinicians at USAP who have created a practice group that provides enhanced care to the patients they serve,” the statement said. “It also seems clear that the information provided to The Washington Post by competitors during the reporting of this story is both misleading and untrue.”
Asked what information was misleading and untrue, the company did not answer.
“Size creates negotiating power,” said Ambar LaForgia, a business professor at University of California at Berkeley, who has studied medical pricing and co-wrote the paper on anesthesia pricing that was published in JAMA Internal Medicine.
The price hikes that doctor groups negotiate with insurers might seem irrelevant to most Americans, but they affect everyone because the insurers pass on the higher costs, health economists said, and much of the burden falls on patients and their families.