ASA Responds to Federal Trade Commission's Proposed Statement on ACO Antitrust Enforcement

In conjunction with the release of the Centers for Medicare and Medicaid Services (CMS) proposed rule on Accountable Care Organizations (ACOs), the Federal Trade Commission (FTC) released a proposed statement of antitrust enforcement policy regarding ACOs participating in the Medicare Shared Savings Program. The ASA recently submitted a letter to the FTC in response to the proposed statement.  Next week, the ASA will submit comprehensive comments to CMS on the proposed ACO rule.

In the letter to the FTC, the ASA states it is in general agreement with comments made by the American Medical Association. The ASA letter goes on to detail how the proposed statement would impact anesthesiologists specifically.   

ASA concludes the letter by stating: “To ensure the success of the Shared Savings Program, it is critical for CMS and the FTC/DOJ to develop a Shared Savings Program and associated antitrust clearance process that enables the majority of physicians to develop, lead and actively participate in ACOs.  While ASA supports the application of the rule of reason to ACOs, we have serious reservations about the market power implications and their impact on anesthesiologists.“

Click here to read the letter submitted by ASA.

Click here to read the FTC proposed statement.