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Gov. Newsom Considers Legislation to Protect Health Care from Rising Venture Capital Influence

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An image of a building with cars parked in front. The sign on the building reads "Satellite Healthcare Dialysis."
Tessa Tuliao, a dialysis nurse, after work at Satellite Healthcare dialysis clinic in San Jose on June 17, 2024. (Beth LaBerge/KQED)

A bill before Gov. Gavin Newsom aims to increase oversight of what proponents call an alarming growth of private equity investments in the state’s health care industry. The tally is $20 billion a year in California alone and $83 billion nationally.

While these savvy business leaders promise operational efficiency and management expertise, critics said the need for rapid returns — typically within three to seven years — could lead to aggressive cost-cutting measures.

“Investors often decrease staffing ratios, increase prices, and buy up multiple health care entities in the same region or specialty to use that market power to hike prices,” said Dr. Christopher Cai, a physician at Brigham and Women’s Hospital and Harvard Medical School researcher.

The proposed legislation empowers the state’s attorney general to review and veto deals garnered by private equity firms that are deemed bad for consumers and patients. It covers transactions involving public hospitals, health systems, physician groups, and long-term care facilities operating in California. An amendment removed private hospitals and dermatology clinics.

“This will promote fair competition while rooting out practices that harm both competition and patients,” Attorney General Rob Bonta said in a statement supporting the bill.

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A key provision aims to prevent investors from meddling in health care decisions, ensuring physicians and medical professionals retain autonomy over patient care.

Still, private equity firms would have the right to challenge the state’s decisions in court if they believe regulatory actions are unjustified.

Consumer advocates, labor unions, and the California Medical Association call the measure crucial to patient care.

However, it faces fierce opposition from industry and business groups who worry that the oversight will deter critical funding streams.

The American Investment Council argues that further regulation could discourage investment in health care and limit innovation and access to capital. The California Hospital Association also opposes it, warning that the bill could create additional hurdles for much-needed investments in the state’s health care infrastructure, especially as hospitals face staffing shortages and capacity constraints.

Venture-backed digital health companies worry that companies will struggle to gain traction under the new regulation.

Why is legislation needed?

Private equity investment in health care nationally increased from $5 billion annually in 2000 to $100 billion in 2018.

“Health care is a very durable industry,” Cai said. “It’s viewed as a stable investment, with ample opportunities to consolidate fragmented outpatient clinics and hospitals.”

Physician practices are particularly appealing targets, with the number of transactions increasing sixfold over the past decade, frequently resulting in notable hikes in patient costs.

The market appeal is clear: more efficient management can streamline costs, and with an aging population of baby boomers, demand for health care services is expected to soar. “Because of these factors, private equity’s presence in health care has more than tripled in the last decade or so,” Cai added.

This influx of capital has stirred alarm among policymakers and patient advocates, who argue that profit-driven investors prioritize financial returns over patient care. Private equity firms ultimately need to make returns and protect their companies against potential risks — for them, it can’t just be about mission.

“Who is reviewing these transactions to ensure they serve the public interest?” asked Assemblymember Jim Wood (D-Healdsburg), the bill’s sponsor in a recent press release. “No one is, because all of these transactions are happening under the radar.”

Studies reveal alarming outcomes

The impact of private equity ownership is particularly pronounced in long-term care settings. One study found that mortality rates in nursing homes rose by a jaw dropping 11% after private equity firms took over. Patient mobility decreased, and the use of antipsychotic medications may have increased.

“We rarely see increases like that after any kind of change,” Cai noted. “That study was an earthquake for the industry.” In response, Federal health officials required nursing homes to reveal if they’re owned by private equity firms. Starting in 2026 the facilities must increase staff to ensure each patient receives more attention.

A separate study, published in the Journal of the American Medical Association, found a 25% increase in adverse events—such as falls and surgical infections—after hospitals were bought by private equity firms. A systematic review of available research shows that private equity ownership does not typically benefit patients and, in extreme cases, may lead to the closure of facilities, particularly in rural or underserved areas where profit margins are slim.

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According to a 2021 report from UC Berkeley, the financial pressures created by private equity ownership can push physicians to meet patient quotas, prioritize more lucrative procedures, or cut back on less profitable services. Over time, this can erode the quality of care patients receive.

“Our health care system is crumbling,” said Dr. Renee Hsia, a UCSF professor of emergency medicine. “As we have more mergers and acquisitions, we have more involvement of private capital, venture capital, and private equity. There is very good evidence showing how this is not serving our population because there’s redundancy of care. There’s too many services in areas where you don’t need it, and not enough in other areas. That misallocation of care is deteriorating our ability to provide care for anyone.”

The ultimate effect of the legislation—whether it will successfully curb private equity’s influence in health care or simply add new challenges to an already strained system—remains to be seen. But as the debate unfolds, it highlights growing unease about the role of financial firms in shaping the future of health care in California.

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