April 2011 Volume 7 Number 8

ABA Health Law Section ACO Task Force
ABA Antitrust Section Health Care & Pharmaceuticals and Joint Conduct Committees
present a program on:

ACOs and Antitrust: Spotlight on Proposed FTC/DOJ Policy Statement

April 29, 2011, 1:00-2:00 PM ET

In person at:

Hogan Lovells
555 Thirteenth Street, NW
Washington DC


U.S. Toll-Free:  800-470-7005
International:  +1-303-330-0440
Room Number:  8994568


  • Sharis A. Pozen, Deputy Assistant Attorney General, 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.


To register for this free program, please click here or contact Simeon Carson, Associate Director, at simeon.carson@americanbar.org.

ACO Task Force

The ACO Task Force, chaired by Matthew Jenkins, Partner, Hunton & Williams LLP, was formed to address the myriad issues that surround the development of accountable care organizations, both in response to the provisions of PPACA and the interest of commercial payors in finding new ways to bend the cost curve. The Task Force, has plans for several teleconferences in the coming months.

Membership in the the ACO Task Force is free for Health Law Section members. To join, please click here or contact Simeon Carson, Associate Director, at simeon.carson@americanbar.org.

Related CLE program

"The New ACO Regulations: A First Look" (pre-order)
(CLE Teleconference Recording)

eSource Special Edition

With the recent publication of the proposed regulations and commentary on Accountable Care Organizations (ACOs), the ABA  eSource Editiorial Board in conjuntion with the Section's ACO Task Force has decided to publish a series of Special Editions within the coming weeks focused on ACOs.  If you are interested in writing an article on a topic related to ACOs, please contact Simeon Carson directly at simeon.carson@americanbar.org.

The ABA Health eSource is distributed automatically to members of the ABA Health Law Section . Please feel free to forward it! Non-members may also sign up to receive the ABA Health eSource.