The Federal Trade Commission and the U.S. Department of Justice have jointly issued a proposed enforcement policy for the application of the antitrust laws to healthcare collaborations among otherwise independent providers and provider groups that seek to participate as accountable care organizations (ACOs) under the Medicare Shared Savings Program. The agencies seek public comments until May 31, 2011, on the proposed enforcement policy and the new antitrust “safety zone” it would create.
For more information and the proposed antitrust policy, please visit the FTC and DOJ’s Proposed Statement.
On March 30, 2011, the Centers for Medicare and Medicaid issued the long-awaited, proposed regulations for the Medicare Shared Savings Program, including details of the requirements for qualifying as an accountable care organization (ACO), such as:
- Eligible legal entities
- Criteria for shared governance
- Assignment of beneficiaries to ACOs
- Different types of risk contracts
- Benchmarks and calculations of savings
- Shared savings, antitrust issues and policies, Medicare anti-kickback, and other regulatory requirements as applied to ACOs
The full text of the summary is available as a Duane Morris Alert.