FTC And DOJ Propose Antitrust Guidance For ACOs

A major concern among healthcare providers with regard to Accountable Care Organizations (ACOs) is the potential for antitrust action by regulators as competing providers collaborate to provide coordinated care. In addition, under the proposed ACO regulations, compliance with antitrust law is a requirement for ongoing participation in the Medicare Shared Savings Program (MSSP), and violation of antitrust law is grounds for termination of an ACO. To address these concerns, the Federal Trade Commission and the Antitrust Division of the Department of Justice (Antitrust Agencies) have issued a Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program.