Rates for directors and officers (D&O) liability coverage for healthcare organizations climbed in the third quarter due in part to antitrust concerns arising from the industry's changing business models pursued in response to the healthcare law, according to Marsh.

In a Marsh Risk Management Research briefing, Marsh says, “Since passage of the ACA in 2010, the healthcare industry has undergone rapid consolidation. Many healthcare organizations have formed accountable care organizations (ACOs), joint ventures and loose alliances and networks aimed at better coordinating services, reducing costs and improving the quality of care.”

However, because these changes mean the organizations are working more closely together and sharing information, “some insurers have expressed concerns about antitrust issues.”