The FTC and DOJ issued the final Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program (the “Policy Statement”) in conjunction with the final rule issued by the Centers for Medicare and Medicaid Services (“CMS”). The Policy Statement provides antitrust guidance for health care providers forming accountable care organizations (ACOs) that participate in both the Medicare and commercial markets. This page contains the Policy Statement and related information, Summary of Activities Following Issuance of the Policy Statement, Primary Service Area (PSA) questions and answers, and procedures for seeking voluntary review.
Policy Statement
- Federal Register Notice, including the Final Antitrust Enforcement Policy Statement
- Press Release (October 2011)
Prior History and Proposed Statement
- Another Dose of Competition: Accountable Care Organizations and Antitrust Workshop (May 2011)
- Press Release (March 2011)
- Federal Register Notice, including Proposed Antitrust Enforcement Policy Statement (April 2011)
- CMS Medicare Shared Savings Program: Accountable Care Organizations Proposed Rule [PDF] (April 2011)
- Accountable Care Organizations Workshop (October 2010)
- Accountable Care Organizations (ACOs) - Federal Agencies Address Legal Issues Regarding ACOs Participating in the Medicare Shared Savings Program
Summary of Activities Following Issuance of the Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program
- Summary [PDF] (April 2013)
- Press Release (April 2013)
- Primary Service Area (PSA) Questions and Answers