Justice Department to Provide Guidance to Providers on Clinical Integration to Withstand Antitrust Laws

A representative of the U.S. Department of Justice said he department will work with hospitals and other providers to create models of clinical integration that do not violate antitrust laws, according to a report by AHA News Now.


In a letter to the Senate Judiciary Antitrust Subcommittee, Assistant Attorney General Ronald Weich said the department plans to begin a formal guidance review process with all affected parties in February.

Mr. Weich said the department "remains committed to providing clear guidance to health care providers and others in the health care industry to help them identify and understand any antitrust issues as they explore new ways to collaborate to increase efficiency and benefit consumers through lower cost, higher quality care."

Meanwhile, the Federal Trade Commission has created a definition of clinical integration among independent physician practices, which stipulates that:

  1. "all physicians who participate in the arrangement participate in active and ongoing programs of the arrangement to evaluate and modify the practice patterns of, and create a high degree of interdependence and cooperation among, these physicians, in order to control costs and ensure the quality of services provided through the arrangement"; and
  2. "any agreement concerning price or other terms or conditions of dealing entered into by or within the arrangement is reasonably necessary to obtain significant efficiencies through the joint arrangement."

Read AHA News Now's report on clinical integration.

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