Health Care Antitrust Alert: FTC/DOJ Issue Proposed Statement of Antitrust Enforcement Regarding Accountable Care Organizations
4/1/2011
By Bruce D. Sokler, Christi J. Braun, and Robert G. Kidwell
On March 31, 2011, the Federal Trade Commission and Department of Justice issued a joint proposed antitrust enforcement policy statement (Proposed Antitrust Policy Statement) to accompany the release by the Department of Health and Human Services of its proposed regulations to cover Accountable Care Organizations (ACOs) participating in the Medicare Shared Savings Program (the Program). The agencies ask for comment on the proposed statement by May 31, 2011. While additional details and insights will emerge in the coming weeks, we thought it was important to provide interested parties an initial summary and analysis of the Proposed Antitrust Policy Statement.
