The Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) issued a Proposed Statement of Antitrust Enforcement Policy for Accountable Care Organizations (ACOs).  The proposed Statement applies the antitrust laws to collaborations among independent health care providers that seek to participate as ACOs under the Medicare Shared Savings Program.  Public comments on the proposed Statement must be received by May 31, 2011.

The Health Law team at von Briesen will be posting additional client bulletins with details on the FTC & DOJ proposed Statement for antitrust enforcement guidance.