“Steering” Through Recent DOJ Complaints Involving Hospital Restrictions on Insurance Plans

• June 19, 2026

• Richard Dagen , Axinn Veltrop & Harkrider LLP
• Kaitlin Rittgers , Axinn Veltrop & Harkrider LLP

Anti-steering and anti-tiering provisions—restricting payers from steering patients to lower-cost facilities or removing a hospital system as a top tier provider in its networks—are common in health care payer contracts. But these have come under attack by antitrust enforcers several times over the years. The latest cases against OhioHealth Corporation (OhioHealth) and the New York and Presbyterian Hospital (NYP) indicate that federal and state enforcers are continuing to investigate and challenge such restrictions. The OhioHealth and NYP cases are particularly notable in the hospital systems’ relatively low market shares in their respective markets.

ARTICLE TAGS

• Antitrust Practice Group
• Antitrust