DOJ And FTC Issue Final Policy Statement On Antitrust Enforcement RE: Accountable Care Organizations

The Federal Trade Commission and the Department of Justice (collectively, the Agencies) issued, on Oct. 20, 2011, the final Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program (the Policy Statement). The same day, the Centers for Medicare and Medicaid Services (CMS) released the Final Rule governing accountable care organizations (ACOs) under the Medicare Shared Savings Program (the Shared Savings Program), as well as restated rules by the Internal Revenue Services (IRS) and the Office of Inspector General on the tax-exemption and antikickback implications, respectively, of the Shared Savings Program for ACOs.