Clinical Integration Issue Just Published

We’ve just published our first October issue and the first issue that deals with the antitrust issues relating to Obama Care. It’s a great issue—check it out:

Healthcare is not only a contentious antitrust issue, but a highly confusing one; we focus here on clinical integration. Christi Braun looks at the challenge of promoting cost-effective health care while controlling joint contracting; Heather Cooper gives some cautionary advice to physicians looking to join forces; Ashley Fischer & David Marx, Jr. analyze antitrust interaction with the new ObamaCare ACOs; Melinda Hatton brings an insider’s viewpoint; Greg Pelnar asks whether physician networks are cartels; and Greg Vistnes advises potential ACOs how to stay safe.

We’ve also added a timely bonus article. Antonio Bavasso & Simon Pritchard discuss how to use the U.K.’s spending review to implement some needed reform in U.K. competition policy; in particular, consolidating the current two-tier system of initial review and full investigation under a single roof.

Clinical Integration: The Balancing of Competition and Health Care Policies

by Christi Braun (Ober Ä°Kaler)

The antitrust agencies are unlikely to challenge a clinical integration network that is able to generate significant efficiencies that benefit consumers and about which payers do not complain.

Federal Courts and Enforcers Diagnose Physician Practice Associations with Risk of Conspiracy Liability: Degree of Integration is Crucial to Challenges to Medical Network Price Agreements

by Heather Cooper (Sheppard Mullin)

Thanks to a recent federal district court decision, physicians and medical staff have more reason to think twice about price and other arrangements adopted by the practice associations and clinics to which they belong. 

Antitrust Implications of Clinically-Integrated Managed Care Contracting Networks and Accountable Care Organizations

by Ashley Fischer & David Marx, Jr. (McDermott Will & Emery)

This article explores how the DOJ and FTC have treated clinically-integrated managed care contracting networks under the antitrust laws, and how the Agencies are likely to apply those concepts to ACOs.

Clinical Integration:  Linchpin of Real Reform

by Melinda Hatton (American Hospital Assoc.)
During the year-long debate over health care reform, removing barriers to clinical integration received far less attention than it should have.

Are Clinically Integrated Physician Networks Candy-Coated Cartels?

by Gregory Pelnar (Compass Lexecon)

Are “clinically integrated” physician networks  that jointly contract with third-party payors such as Blue Cross little more than “candy-coated” cartels?

The Interplay Between Competition and Clinical Integration: Why the Antitrust Agencies Care About Medical Care Delivery Styles

by Gregory Vistnes (CRA)

This discussion should help prospective ACOs understand how to pursue the benefits envisioned by the Affordable Care Act while avoiding antitrust concerns.

An Opportunity for Reform of the U.K. Competition Regime

by Antonio Bavasso & Simon Pritchard (Allen & Overy) 

There is, however, scope for reform to help the system, as a whole, deliver more for less.