In a letter to the Department of Justice and Federal Trade Commission, nine senators urged the two antitrust enforcement agencies to share jurisdiction over accountable care organizations, according to a report by AHA News Now.
The letter was prompted by a report that FTC Commissioner J. Thomas Rosch was bidding for his agency to have sole antitrust authority over ACO arrangements, arguing that it would improve enforcement.
The FTC and DOJ are expected to release joint antitrust guidance to healthcare providers on creating ACOs. DOJ's antitrust division is seen as more sympathetic to ACOs and the shared savings arrangements they will build between hospitals and physicians.
"We are concerned that placing antitrust jurisdiction for the Medicare Shared Savings program solely in one agency's purview will not fully harness the aggregate expertise and experience necessary to make ACOs work," the senators wrote. "Background in all relevant industries – including the hospital, provider, and payer arenas – is essential. The model of shared jurisdiction has served health care consumers well for decades."
The senators are Michael Bennet (D-Colo.), Kay Hagan (D-N.C.), Jeff Merkley (D-Ore.), Jeanne Shaheen (D-N.H.), Mark Udall (D-Colo.), Tom Udall (D-N.M.), Mark Warner (D-Va.) and Ron Wyden (D-Ore.).
Read the AHA News Now report on ACOs.
Read more coverage on antitrust oversight of ACOs:
- FTC, Justice Department Struggle to Compromise on Antitrust Guidance for ACOs
- 8 Points on How Antitrust Laws Might Affect ACOs
- 4 Points on Exclusivity, Market Power and Transparency in ACOs
The letter was prompted by a report that FTC Commissioner J. Thomas Rosch was bidding for his agency to have sole antitrust authority over ACO arrangements, arguing that it would improve enforcement.
The FTC and DOJ are expected to release joint antitrust guidance to healthcare providers on creating ACOs. DOJ's antitrust division is seen as more sympathetic to ACOs and the shared savings arrangements they will build between hospitals and physicians.
"We are concerned that placing antitrust jurisdiction for the Medicare Shared Savings program solely in one agency's purview will not fully harness the aggregate expertise and experience necessary to make ACOs work," the senators wrote. "Background in all relevant industries – including the hospital, provider, and payer arenas – is essential. The model of shared jurisdiction has served health care consumers well for decades."
The senators are Michael Bennet (D-Colo.), Kay Hagan (D-N.C.), Jeff Merkley (D-Ore.), Jeanne Shaheen (D-N.H.), Mark Udall (D-Colo.), Tom Udall (D-N.M.), Mark Warner (D-Va.) and Ron Wyden (D-Ore.).
Read the AHA News Now report on ACOs.
Read more coverage on antitrust oversight of ACOs:
- FTC, Justice Department Struggle to Compromise on Antitrust Guidance for ACOs
- 8 Points on How Antitrust Laws Might Affect ACOs
- 4 Points on Exclusivity, Market Power and Transparency in ACOs