AMA asks FTC for flexibility on antitrust rule of reason

Article Abstract:

Antitrust law should be modified to allow physicians to form medical care groups such as preferred provider organizations (PPOs), according to a report from the American Medical Assn aimed to influence the Federal Trade Commission. Although physicians' networks may provide more efficient medical care, current interpretations of antitrust law consider such networks illegal price-fixing schemes. The AMA proposes a 'rule of reason' that would allow physicians' networks to compete with capitated systems.

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Sneak peek at antitrust

Article Abstract:

Doctor ventures may receive relief from stringent antitrust laws under new Federal Trade Commission (FTC) antitrust guidelines expected in Aug 1996. Current antitrust guidelines often regard physician networks as illegal and penalize them from "rule of reason" analysis. Doctors are hoping that the FTC will create an intermediate step between per se bans and rule of reason analysis under antitrust policy.

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Federal government to appeal anti-kickback decision

Article Abstract:

The Inspector General, June Gibbs Brown, plans to seek review of a decision by the 9th Circuit Court of Repeals to reverse the conviction of Hanlester Network for kickbacks. Judges narrowly defined criminal intent requiring a two-part test that will make it harder for prosecutors to prove violations of the law. Also suggested are proposals to ask Congress to strengthen the anti-kickback law.

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