OhioHealth Settles DOJ Antitrust Claims Over Insurer Contracts

On June 16, 2026, the U.S. Department of Justice (DOJ) and the State of Ohio filed a proposed consent judgment in the U.S. District Court for the Southern District of Ohio to resolve their civil antitrust suit against OhioHealth Corporation, a nonprofit system that owns or manages 16 hospitals in the Columbus area.1 The proposed judgment would void contract provisions the government alleged OhioHealth used to keep commercial insurers from steering patients toward lower-cost competitors; bar the system from seeking such terms again; and install an independent monitor, all without any admission of wrongdoing or payment of penalties.2 This Health Capital Topics article examines the allegations, the terms of the proposed settlement, and how the case fits within a renewed federal and state focus on hospital-insurer contracting.

The DOJ and Ohio Attorney General sued OhioHealth on February 20, 2026, alleging that the system violated Section 1 of the Sherman Act and Ohio’s Valentine Act by using its market position to impose anticompetitive terms on commercial payors.3 According to the complaint, OhioHealth held over 35% of the relevant Columbus-area market for general acute care inpatient hospital services, a share the government argued made the system a “must have” in any viable network, reinforced by rural hospitals that are the sole providers in their counties.4 The government further alleged that OhioHealth negotiated on an “all-or-nothing” basis, requiring a payor that wanted any of its providers to include all of them, and that it commanded “significantly higher” reimbursement rates than local rivals offering comparable quality.5

The complaint targeted contract provisions that the agencies view as central to price competition: prohibiting insurers from encouraging patients to select lower-cost or higher-value providers, designing narrow or tiered networks, and sharing price and quality information with plan members.6 The government did not bring a monopolization claim, instead challenging the restraints under the rule of reason, an approach market analysts interpret as a strategy to reach large systems that may not qualify as “dominant” under traditional monopoly standards.7

Under the proposed final judgment, all OhioHealth contract provisions that prohibit, deter, prevent, or penalize steering, steered plans,8 or price transparency are declared void and unenforceable, with an exhibit describing barred language, including clauses that triggered rate increases or contract termination when a payor excluded OhioHealth from a network or placed it in a less-preferred tier.9 The system is also barred from seeking such terms going forward and from penalizing, or threatening to penalize, a payor for offering transparency or budget-conscious, steered plans.10

The settlement preserves several accommodations. OhioHealth may still negotiate to participate in a plan’s most-preferred tier on the same terms available to any other provider, may restrict steering within a narrow network in which it is the featured provider, and need not disclose confidential pricing to competitors.11 The settlement is specific to commercial and Medicare Advantage (Part C) contracts, and excludes Traditional Medicare, Medicaid, and TRICARE.12

OhioHealth must notify relevant payors within 15 business days that the barred provisions are unenforceable, file compliance affidavits every 45 days until specified actions are complete, and submit quarterly reports on new or amended payor contracts for five years.13 An independent monitor, paid by OhioHealth and reporting to the DOJ and the State of Ohio, will oversee compliance for a five-year term.14 The judgment expires after 10 years but may be terminated after five if the government determines it is no longer necessary, and the DOJ may reopen the matter within five years if violations persist.15 As required by statute, the proposed settlement and a competitive impact statement will be published in the Federal Register for a 60-day public comment period before the court enters final judgment upon a public-interest finding.16

The OhioHealth resolution closely tracks the DOJ’s 2018 settlement with Atrium Health, formerly Carolinas HealthCare System, which the agency sued in 2016 over anti-steering restrictions and resolved, like OhioHealth, without penalty or admission of wrongdoing.17 The OhioHealth judgment’s most-preferred-tier carve-out echoes the Atrium decree almost verbatim, indicating that the agency is reusing a framework refined nearly a decade earlier.18 State enforcers have pursued parallel theories, most prominently California’s 2019 settlement with Sutter Health over “all-or-nothing” clauses, for which the system agreed to pay $575 million.19

The nearer-term bellwether is the DOJ’s nearly identical suit against NewYork-Presbyterian (NYP), filed in March 2026, which alleges that the largest hospital system in New York City uses all-or-nothing and anti-steering terms to insulate itself from price competition.20 Unlike OhioHealth, NYP is contesting the case, arguing in a May 2026 filing that the challenged provisions are industry-standard, demanded by insurers, and ultimately lower prices.21

Two days after the proposed settlement was filed, the White House Council of Economic Advisers (CEA) released a memorandum estimating the effects of a nationwide ban on the three contracting mechanisms at the center of the OhioHealth and NYP cases: anti-steering, anti-tiering, and all-or-nothing bundled contracting. The CEA estimated that such a ban would lower hospital and affiliated-physician prices by 18% in directly affected markets, averaging approximately $4,100 per inpatient admission.22 Scaled nationally, the report projected aggregate employer-sponsored insurance premium savings of approximately $45 billion per year.23 The analysis is an administration economic memorandum rather than a binding policy, but its modeling of an industry-wide prohibition, released two days after the settlement, indicates the OhioHealth resolution may be a step toward broader limits on these terms rather than an isolated enforcement action.

The dispute underscores how contracting leverage shapes the economics of dominant regional systems. OhioHealth reported an operating margin near 10% in fiscal year 2025,24 well above the 1.1% median Fitch Ratings reported for nonprofit hospitals,25 a gap the contested provisions arguably helped sustain by foreclosing lower-cost competition. Because antitrust scrutiny now reaches the network and pricing terms that underpin those margins, the conduct at issue bears on the revenue assumptions embedded in the valuation of systems with concentrated local share.

Market analysts also caution that government enforcement can invite follow-on private litigation, noting that NYP already faces union suits predating the federal case and that the OhioHealth record could supply a roadmap for insurers or employers alleging similar harm.26 With a binding template now on file in two large U.S. metropolitan markets, it brings into question whether dominant systems will preemptively unwind restrictive payor terms, or wait to learn whether NYP can persuade a court that the practices the government condemns are the ones the market in fact demands.


“Justice Department Requires OhioHealth to Stop Using Anticompetitive Healthcare Contract Terms That Raise Costs for Ohio Patients” U.S. Department of Justice, Office of Public Affairs, June 16, 2026, https://www.justice.gov/opa/pr/justice-department-requires-ohiohealth-stop-using-anticompetitive-healthcare-contract-terms (Accessed 6/24/26).

“United States and State of Ohio v. OhioHealth Corporation” Case No. 2:26-cv-207 (S.D. Ohio June 16, 2026), [Proposed] Final Judgment, https://www.justice.gov/atr/media/1446351/dl?inline (Accessed 6/24/26), p. 2, 5-7.

Case No. 2:26-cv-207 (S.D. Ohio February 20, 2026), Complaint, https://www.justice.gov/atr/case/us-and-state-ohio-v-ohiohealth-corporation (Accessed 6/24/26); “Sherman Act” 15 U.S.C. § 1; “Valentine Act” Ohio Rev. Code § 1331.01 et seq.

“DOJ Lawsuit Against OhioHealth Alleges Anticompetitive Contract Restrictions with Payors” Morgan Lewis, March 2026, https://www.morganlewis.com/pubs/2026/03/doj-lawsuit-against-ohiohealth-alleges-anticompetitive-contract-restrictions-with-payors (Accessed 6/24/26); “Justice Department Sues OhioHealth for Restrictive All-or-Nothing Insurance Contracting Provisions” Mintz, February 23, 2026, https://www.mintz.com/insights-center/viewpoints/2026-02-23-justice-department-sues-ohiohealth-restrictive-all-or-nothing (Accessed 6/24/26).

“OhioHealth, DOJ Reach Settlement on Antitrust Lawsuit” Fierce Healthcare, June 17, 2026, https://www.fiercehealthcare.com/providers/ohiohealth-reaches-settlement-doj-antitrust-allegations (Accessed 6/24/26).

“AG Wilson Announces Settlement in OhioHealth Antitrust Case” Ohio Attorney General, News Release, June 17, 2026, https://www.ohioattorneygeneral.gov/Media/News-Releases/June-2026/AG-Wilson-Announces-Settlement-in-OhioHealth-Antit (Accessed 6/24/26); “Justice Department Requires OhioHealth to Stop Using Anticompetitive Healthcare Contract Terms That Raise Costs for Ohio Patients” U.S. Department of Justice, Office of Public Affairs, June 16, 2026, https://www.justice.gov/opa/pr/justice-department-requires-ohiohealth-stop-using-anticompetitive-healthcare-contract-terms (Accessed 6/24/26).

“DOJ v. OhioHealth Confirms Antitrust Enforcers’ Continued Focus on Health Care Markets” Crowell & Moring LLP, March 2026, https://www.crowell.com/en/insights/client-alerts/doj-v-ohiohealth-confirms-antitrust-enforcers-continued-focus-on-health-care-markets (Accessed 6/24/26).

“Steered Plans include, but are not limited to, Narrow Network Benefit Plans, Tiered Network Benefit Plans, or any Benefit Plans with Reference-Based Pricing, Site-of-Service Steering, or a Center of Excellence as a component.” “United States and State of Ohio v. OhioHealth Corporation” Case No. 2:26-cv-207 (S.D. Ohio June 16, 2026), [Proposed] Final Judgment, https://www.justice.gov/atr/media/1446351/dl?inline (Accessed 6/24/26), p. 5.

“United States and State of Ohio v. OhioHealth Corporation” Case No. 2:26-cv-207 (S.D. Ohio June 16, 2026), [Proposed] Final Judgment, https://www.justice.gov/atr/media/1446351/dl?inline (Accessed 6/24/26), p. 5, 21-23.

Ibid, p. 5-7.

Ibid, p. 6-8.

Ibid, p. 2-4.

Ibid, p. 8-9.

Ibid, p. 9-13.

Ibid, p. 17-19.

U.S. Department of Justice, Office of Public Affairs, June 16, 2026; Case No. 2:26-cv-207 (S.D. Ohio June 16, 2026), [Proposed] Final Judgment, https://www.justice.gov/atr/media/1446351/dl?inline (Accessed 6/24/26), p. 19; “Antitrust Procedures and Penalties Act” 15 U.S.C. § 16.

“Atrium Health Agrees to Settle Antitrust Lawsuit and Eliminate Anticompetitive Steering Restrictions” U.S. Department of Justice, Office of Public Affairs, November 15, 2018, https://www.justice.gov/archives/opa/pr/atrium-health-agrees-settle-antitrust-lawsuit-and-eliminate-anticompetitive-steering (Accessed 6/24/26).

“DOJ Announces Settlement of Anti-Steering Antitrust Case Against Atrium Health” Perkins Coie, November 19, 2018, https://perkinscoie.com/insights/update/doj-announces-settlement-anti-steering-antitrust-case-against-atrium-health (Accessed 6/24/26).

“Justice Department Sues NewYork-Presbyterian in Second Hospital Antitrust Case This Year” By Sydney Halleman, Healthcare Dive, March 27, 2026, https://www.healthcaredive.com/news/justice-department-sues-newyork-presbyterian-in-second-hospital-antitrust-c/815891/ (Accessed 6/24/26).

“Justice Department Sues New York-Presbyterian Hospital for Anticompetitive Contracts That Increase Healthcare Costs for New Yorkers” U.S. Department of Justice, Office of Public Affairs, March 26, 2026, https://www.justice.gov/opa/pr/justice-department-sues-new-york-presbyterian-hospital-anticompetitive-contracts-increase (Accessed 6/24/26).

“A Settlement and a Signal: What the OhioHealth Deal Means for the Future of Hospital Contracting” Freshfields, June 2026, https://www.freshfields.com/en/our-thinking/blogs/a-fresh-take/a-settlement-and-a-signal-what-the-ohiohealth-deal-means-for-the-future-of-hospi-102n4q5 (Accessed 6/24/26).

“Effects of Banning Hospitals’ Anti-Steering, Anti-Tiering, and All-or-Nothing Contracts” Council of Economic Advisers, The White House, June 18, 2026, https://www.whitehouse.gov/research/2026/06/effects-of-banning-anti-competitive-hospital-contracts/ (Accessed 6/24/26).

The White House, June 18, 2026, Executive Summary.

“OhioHealth Settles Antitrust Suit with the DOJ” By Rebecca Pifer, Healthcare Dive, June 17, 2026, https://www.healthcaredive.com/news/ohiohealth-doj-settlement-antitrust-lawsuit-insurer-contracts/823122/ (Accessed 6/24/26).

“2025 US NFP Hospital and Health System Medians: Begin Recovery, Longer-Term Uncertainty” Fitch Ratings, May 8, 2025, https://www.fitchratings.com/research/us-public-finance/2025-us-nfp-hospital-health-system-medians-begin-recovery-longer-term-uncertainty-05-08-2025 (Accessed 6/24/26).

“DOJ Lawsuit Against OhioHealth Alleges Anticompetitive Contract Restrictions with Payors” Morgan Lewis, March 2026, https://www.morganlewis.com/pubs/2026/03/doj-lawsuit-against-ohiohealth-alleges-anticompetitive-contract-restrictions-with-payors (Accessed 6/24/26).

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