UnitedHealth Merger Deal Forces Sale of N.J. Home Health Facilities in Landmark Antitrust Settlement

Proposed decree aims to preserve competition in home health and hospice services following $3.3 billion merger.

NEW JERSEY – New Jersey has joined Maryland, Illinois, New York, and the U.S. Department of Justice (DOJ) in a proposed settlement to address antitrust concerns over UnitedHealth Group Inc.’s planned $3.3 billion acquisition of Amedisys, Inc. Attorney General Matthew J. Platkin announced the agreement, which would require UnitedHealth to divest 164 home health and hospice locations in 19 states — including three in New Jersey — along with one affiliated palliative care facility.

If UnitedHealth fails to obtain regulatory approvals for related facility divestitures, it would be required to sell two additional New Jersey home health locations. The nationwide divestitures represent approximately $528 million in annual revenue and mark the largest outpatient healthcare services divestiture by facility count to resolve a merger challenge.

“Preserving competition in home health services is incredibly important for New Jerseyans who need real choices when they seek care during the most vulnerable moments of their lives,” said Attorney General Matthew J. Platkin. “Unchecked, anti-competitive behavior damages patients and healthcare workers, and I am glad this acquisition will be modified to preserve patient choice and market competition.”

Under the proposed decree, UnitedHealth must appoint a monitor to oversee the divestitures and ensure compliance. The agreement mandates that the company transfer to buyers the necessary assets, staff, and relationships to compete effectively in the affected markets, with provisions designed to prevent interference and safeguard ongoing competition.

As required by the Tunney Act, the settlement and a competitive impact statement will be published in the Federal Register. A 60-day public comment period will follow publication, after which the U.S. District Court for the District of Maryland may approve the final judgment if it determines the settlement serves the public interest.

The case was handled for New Jersey by Deputy Attorneys General Leslie Prentice and Yale Leber, under the supervision of Antitrust Competition and Litigation Enforcement Section Chief David Reichenberg and Assistant Attorney General Brian McDonough, within the Division of Law’s Affirmative Civil Enforcement Practice Group.