Health Law Section Podcasts

Health Law Section Podcast Series | Free to the General Public

ACOs and Antitrust: Spotlight on Proposed FTC/DOJ Policy Statement(4/29/11) | Podcast

Sponsors: ABA Health Law Section ACO Task Force
ABA Antitrust Section Health Care & Pharmaceuticals and Joint Conduct Committees


Gail Kursh, Deputy Chief, Legal Policy Section, U.S. DOJ Antitrust Division

Susan S. DeSanti, Director, FTC Office of Policy Planning

Moderator: Robert F. Leibenluft, Hogan Lovells

The FTC and DOJ recently released new proposed guidance regarding Accountable Care Organizations (ACOs) who seek to participate in the Medicare Shared Savings Program. The proposal reflects close coordination with the Medicare program, and establishes both an antitrust safety zone for certain ACOs, as well as mandatory FTC or DOJ reviews for others that trigger minimum share thresholds. It also sheds light on how the agencies evaluate clinical integration generally, how they approach rule of reason analysis for ACOs, and steps that ACOs can take to reduce antitrust concerns.

This program features the senior officials at the two agencies who have been most involved in the development of the proposal. They will discuss the rationale behind the proposal, how they foresee it being implemented, and issues they are particularly interested in obtaining feedback on during the comment period that extends through May 31.


FTC, DOJ Seek Public Comment on Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations

FTC Announces Public Workshop on Antitrust and Accountable Care Organizations

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Product Details:
Produced: April 29, 2011
Audio Program File Format: MP3
Duration: 62 minutes
MP3 File Size: 63 MB

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