This is another example of a requirement that both PE owned and non PE owned hospitals, presumably, followed.e (I would hope neither of them were ignoring standards of care in the treatment of patients.) Yet the metrics are substandard at only the PE owned hospitals. So you would need to outline how this requirement unduly burdened the PE owned hospital relative to the non PE owned hospital for it to be the cause of the discrepancy.

There may be such a reason, but you haven't outlined it in your post.