• Antitrust Agencies Issue Guidance on Accountable Care Organizations
  • May 11, 2011 | Authors: Amy Ralph Mudge; Asim Varma; Ryan Z. Watts; Barbara H. Wootton
  • Law Firm: Arnold & Porter LLP - Washington Office
  • The Shared Savings program, established by The Patient Protection and Affordable Care Act, incentivizes providers—including providers that previously competed to serve Medicare and non-Medicare patients—to collaborate to achieve savings for Medicare. Collaborations among competitors, however, can raise risks under the antitrust laws if they result in increased prices, fewer choices for consumers and payers, or a decrease in quality. The Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) (collectively the “Antitrust Agencies”) have been active in their enforcement of the antitrust laws against healthcare providers, prompting calls from the industry for further guidance on the formation and operation of Accountable Care Organizations (ACOs) to participate in the Medicare Shared Savings program. www.arnoldporter.com