The DOJ Withdraws from the Health Care Antitrust Statements: A Cause for Concern for Physician Organizations?
Thursday, April 6
2:00 pm – 3:15 pm ET / 11:00 am – 12:15 pm PT
Links to the meeting recording and slides are below:
Meeting Recording (Press Play to listen)
On February 3, 2023, the Department of Justice (“DOJ”) withdrew from three antitrust policy statements (collectively, the “Statements”) that it had previously jointly promulgated with the Federal Trade Commission (“FTC”). The DOJ’s withdrawal from the Statements – which it now characterizes as “overly permissive” and “out of date” – puts an end to a suite of “safety zones” vis-à-vis DOJ antitrust enforcement in health care. Until the DOJ’s February announcement, these safety zones assured health care organizations that if they met set criteria when engaging in certain types of joint conduct, DOJ would (absent exceptional circumstances) view the conduct as legitimate and pro-competitive.
Physician groups, independent practice associations (IPAs), and physician hospital organizations (PHOs) – and especially accountable care organizations (ACOs) that participate in the MSSP, ACO REACH, and other CMS-sponsored programs – have expressed justifiable concern regarding the impact of the DOJ’s withdrawal from the Statements.
This presentation will discuss:
- How the Statements guided physician organizations to date with respect to financial and clinical integration
- What the DOJ’s withdrawal from the Statements means for physician organizations
- What physician organizations can do to mitigate their risk
Speakers:
- John P. Marren, Shareholder, Hogan Marren Babbo & Rose, Ltd. (Bio)
- Thomas J. Babbo, Shareholder, Hogan Marren Babbo & Rose, Ltd. (Bio)
