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ACOs And Antitrust Enforcement: Familiar Rules Raise New Concerns

BY | May 12, 2011

Daniel Bachner, Mark Popofsky, Jane Willis, May 12, 2011 On March 31, 2011, the Federal Trade Commission (“FTC”) and the U.S. Department of Justice (“DOJ”) released a joint Proposed Statement…

Daniel Bachner, Mark Popofsky, Jane Willis, May 12, 2011

On March 31, 2011, the Federal Trade Commission (“FTC”) and the U.S. Department of Justice (“DOJ”) released a joint Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program (the “ACO Statement” or “Statement”). The ACO Statement incorporates a market-share based “safety zone,” a feature commo

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