The contracts behind Colorado’s anesthesia dispute
Colorado alleged that acquisitions and exclusive contracts narrowed hospitals’ choices and raised insurers’ rates. USAP disputed the claims and agreed to relinquish five contracts.
Colorado’s allegation · By 2021 · Denver-area open-staffing hospitals
16 of 21 Denver-area open-staffing hospitals had exclusive or semi-exclusive USAP contracts, the state alleged. Each square = one hospital in that stated market; these are not patient shares.
Original state account & denominator: inspect evidence ↗Graphic data and definitions
| Measure | Hospitals |
|---|---|
| Exclusive or semi-exclusive USAP contracts | 16 |
| Defined market | 21 |
A dispute over who could staff the operating rooms
USAP continues to advertise Colorado anesthesia services, clinician recruitment and local clinical leadership. Its April 2026 statement describes an operating national practice. source: inspect evidence ↗source: inspect evidence ↗
The Colorado complaint identifies physician partners and private-equity investors, including Welsh Carson, as owners of the parent. Physician ownership and private-equity investment coexist; the record does not establish the current ownership percentages. source: inspect evidence ↗
This document-based investigation follows a market allegation and the terms of a settlement. It does not claim to have measured every patient’s bill, verified all required transitions or conducted original patient interviews.
Sixteen hospitals, one anesthesia group
A hospital could remain open while losing an alternative supplier of a service its operating rooms needed. Colorado said USAP began buying local anesthesia practices in 2015 and later secured contracts across the region’s major hospital systems.source: inspect evidence ↗
This is a defined market, not every hospital in Colorado. Hospitals employing their own anesthesia staff sit outside the state’s open-staffing comparison. The 16-of-21 figure describes contracts, not a share of patients or a measured change in clinical quality.source: inspect evidence ↗
An acquisition could change the rate paid for the same clinicians
The state’s complaint says successive purchases let USAP move acquired clinicians to its higher rates. It alleged rates 30%–40% above other independent groups in the Denver metropolitan area. That comparison is an allegation about negotiated reimbursement, not a measured increase in every patient’s bill.source: inspect evidence ↗
The mechanism is concrete: buying a practice can change the contract under which an insurer pays for its work. A higher allowed payment can affect an insurer or employer plan without increasing a particular patient’s out-of-pocket bill by the same percentage. The documents do not supply a complete claims dataset or a patient-level cost estimate.source: inspect evidence ↗
Comparison group = 100; this is not a patient-bill series.
An index illustration of the alleged 30%–40% premium, not an observed before/after series or actual dollar prices. Zero-based common index scale 0–150; outlined terminal segment shows the alleged range, not a confidence interval.
source: inspect evidence ↗Graphic data and definitions
| Comparison | Index |
|---|---|
| Other independent groups | 100 |
| State-alleged USAP range, lower endpoint | 130 |
| State-alleged USAP range, upper endpoint | 140 |
A shortage was harder to cover without another provider
Colorado’s account also identifies physician attrition, recruitment difficulties and pandemic effects. It says hospitals struggled to supplement USAP staffing because rival groups had disappeared and departing clinicians faced non-compete restrictions. Those conditions distinguish a claim about restricted alternatives from a claim that ownership created the national labor shortage.source: inspect evidence ↗
USAP disputed the attorney general’s account. In a statement reported by Becker’s, Colorado physician Henri Acosta said the agreement preserved the company’s physician-led model and continued service, and that resources were better spent caring for patients than defending the litigation.source: inspect evidence ↗
The settlement targeted contracts and restrictions on clinicians
The February 2024 agreement names five CommonSpirit hospitals, including Mercy Hospital in Durango. It allows clinicians at those facilities to leave USAP and keep serving the hospitals. It also sets an 18-month phase-out for non-compete provisions, or an earlier legislative deadline.source: inspect evidence ↗
The agreement denies liability and resolves disputed claims without trial. Its terms describe required transitions; this investigation has not independently verified each completed transition or a subsequent reduction in rates. The remedies are not proof that patients’ costs fell.source: inspect evidence ↗
A continuing business and a separate federal case
In May 2025 the FTC finalized a separate order limiting Welsh Carson’s involvement with USAP and requiring notice of specified future investments. Welsh Carson had been dismissed from the federal lawsuit in May 2024; the administrative settlement and the lawsuit against USAP are different proceedings.source: inspect evidence ↗
On April 23, 2026, the FTC and USAP announced an agreement in principle in the Texas case. The FTC said the terms were confidential while USAP worked to execute them, and a final order would require further approvals. The agency’s case page still labels the matter pending.source: inspect evidence ↗source: inspect evidence ↗
USAP said it believed it had strong defenses and had acted responsibly, but wanted to avoid disruption and litigation costs. Any final agreement would contain no admission of fault, it said. Its Colorado service and recruitment pages remain active. Neither that operating status nor a settlement announcement establishes the present price of anesthesia.source: inspect evidence ↗source: inspect evidence ↗
Evidence and unanswered questions
AI-assisted research, writing and graphics. Regulatory allegations and company explanations remain attributed. Current service pages are evidence of an operating presentation, not an audited service-volume or price series.
Sources, passages, company response and reporting limits
Colorado complaint against USAP Colorado ↗
Colorado Attorney General · 2024-02-26
Paragraphs 14–15: ownership; 52–57: acquisitions; 78: hospital contracts; 90 and 94: reimbursement mechanism and premium.
Allegations in a complaint, not findings after trial.
Return to reading ↑Colorado announces USAP agreement ↗
Colorado Attorney General · 2024-02-27
Market chronology; 16-of-21 hospital scope; Higher costs, coverage issues.
State enforcement account, including its acknowledgment of national staffing and pandemic pressures.
Return to reading ↑Stipulated consent agreement and judgment ↗
Colorado Attorney General / Denver District Court filing · 2024-02-26
Paragraphs 3–7: five facilities and transition; 10–12: non-competes; 20: no admission. Page 7: blank judicial signature; page 8: party signatures.
Parties-signed agreement filed with court. Do not infer completed implementation or a judicial merits finding.
Return to reading ↑Anesthesiology group must cut ties with 5 hospitals: Colorado AG ↗
Becker’s Hospital Review · 2024-02-27
Henri Acosta’s company response after the hospital list.
Existing reporting of a company statement; no interview conducted for this investigation.
Return to reading ↑FTC approves final order with Welsh Carson ↗
Federal Trade Commission · 2025-05-20
Final-order scope and distinction from federal litigation.
Return to reading ↑FTC charts path to restore competition in Texas anesthesia markets ↗
Preserved PDF copy of the agency release ↗
Federal Trade Commission · 2026-04-23
Agreement in principle, confidential terms and required approvals.
Preliminary agreement, not completed relief.
Return to reading ↑U.S. Anesthesia Partners, Inc., FTC v. ↗
Federal Trade Commission · 2026-04-23
Case status Pending; last update and April 23, 2026 timeline.
Read October 18, 2026; public agency index, not an exhaustive court docket.
Return to reading ↑USAP reaches agreement in principle with Federal Trade Commission ↗
U.S. Anesthesia Partners · 2026-04-23
Opening announcement, Scott Holliday response and conditions.
Company account of its defenses and continuing operations.
Return to reading ↑Anesthesia services in Colorado ↗
U.S. Anesthesia Partners · Accessed October 18, 2026
Patient care, careers and Colorado clinical governance sections.
Accessed October 18, 2026. Current service presentation, not independently audited service volumes.
Return to reading ↑
What this investigation cannot establish
- Regulatory allegations are attributed throughout. The Colorado settlement does not admit wrongdoing or establish the allegations after trial.
- No original patient interviews, individual injury findings, confidential insurer claims or post-settlement outcome audit are claimed.
- The historical contract denominator excludes closed-staffing hospitals and must not be presented as all Colorado hospitals.
- Current operating evidence is distinct from historical ownership, contract concentration and prices. Current ownership percentages are not established.
- The publicly posted Colorado agreement has party signatures and a filing stamp, but its judicial signature line is blank. It supports agreed terms, not a verified entry date.