ACOs And Antitrust Enforcement: Familiar Rules Raise New Concerns.
Mondaq Business Briefing › Nbr. 2011, January 2011
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ACOs And Antitrust Enforcement: Familiar Rules Raise New Concerns.
Article By Jane E. Willis, Mark S. Popofsky & Daniel J. Bachner1
I. INTRODUCTION On March 31, 2011, the Federal Trade Commission ("FTC") and the U.S. Department of Justice ("DOJ") released a joint Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program (the "ACO Statement" or "Statement").2 The ACO Statement incorporates a market-share based "safety zone," a feature common to both the Antitrust Guidelines for Collaborations Among Competitors (2000)3 and the Statements of Antitrust Enforcement Policy in Health Care (1996).4 Unlike these prior guidelines, however, the ACO Statement requires mandatory agency review if a certain threshold is met. Becau...See the full content of this document
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