The Federal Trade Commission (“FTC”), Centers for Medicare and Medicaid Services (“CMS”), and Department of Health and Human Services Office of Inspector General (“OIG”) have announced their plans to co-host an October 5th workshop on accountable care organizations (“ACOs”). According to a September 8th News Release, the workshop is intended principally to assist providers in their efforts to develop ACOs. Substantively, the October 5th workshop is expected to address and solicit public comments on the legal issues raised by the different ACO structural models, focusing on those of interest to physicians, physician associations, hospitals, health systems, payors, and other stakeholders. For example, it would be anticipated that the federal agencies will discuss legal considerations for the use of physician-hospital organizations as a platform for ACOs. Topics to be covered, which will be further discussed with greater specificity in an upcoming notice to be published in the Federal Register, will include the antitrust, physician self-referral, anti-kickback, and civil monetary penalty laws related to ACOs. Those interested in submitting comments to the FTC, CMS and OIG, on the topics to be discussed during the workshop are invited to deliver such comments by September 27th. Please check HLP’s THE HEALTH LAW ATTORNEY BLOG for updates as additional information is released regarding ACOs, in general, and the October 5th workshop, in particular.
For more information, please contact Carey F. Kalmowitz, Esq., Abby Pendleton, Esq., or Adrienne Dresevic, Esq. at (248) 996-8510 or (212) 734-0128, visit the Accountable Care Organizations specialty page, or the HLP website.
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