Answers on ACOs

Some accountable care organizations could fall into designated antitrust “safety zones” while other ACOs could be eligible for expedited antitrust reviews under proposed rules issued jointly March 31 by the Federal Trade Commission and Department of Justice.

The two agencies are asking for public comment on their joint proposed policy guidelines, which are designed to ensure that ACOs can serve Medicare beneficiaries and patients with private health insurance without raising competitive concerns.

The proposed rules were issued the same day that the Department of Health and Human Services released for public comment its long-awaited proposed rules governing ACOs.

“The administration has led an unprecedented, collaborative effort among all of the agencies responsible for developing guidance for ACOs,” said FTC Chairman Jon Leibowitz. “This guidance will help ensure that ACOs meet their goals of improving quality and lowering costs while minimizing the regulatory burden on healthcare providers.”

ACO collaborations among competitors could raise concerns about competitiveness, DOJ and FTC said. So they developed the proposed antitrust policy statement to coordinate competition analysis with CMS’ review of ACO applications to ensure they do not lead to reduced competition.

2. When the FTC and DOJ will apply
            particular antitrust analyses to those
            ACOs

3. An antitrust safety zone for certain
            ACOs