Levels of Antitrust Scrutiny for ACOs

The Department of Justice and Federal Trade Commission recently proposed new guidelines regarding antitrust enforcement of accountable care organizations – the new health care delivery model mandated by the 2010 Patient Protection and Affordable Care Act (PPACA) pursuant to its "shared savings program." This statement was issued in conjunction with the Department of Health and Human Services' Centers for Medicare and Medicaid Services' (CMS) proposed regulations implementing the shared savings program, as part of a coordinated interagency effort to facilitate health care provider participation in the shared savings program, so as to achieve the cost savings and improvement in quality of care Congress intended. Click here to read the full article. Authored By: David R. Garcia (310) 228-3747 dgarcia@sheppardmullin.com Helen Eckert (213) 617-4286 heckert@sheppardmullin.com Reprinted with permission from the April 18, 2011 edition of The Recorder. © Copyright 2011. ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. For information, call 415.490.1050 or aholian@alm.com.

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