At The Podium

Green Light for Clinically Integrated Networks — Essential Antitrust Considerations

Date: July 1, 2013

Event: American Health Lawyers Association In-House Counsel Program and Annual Meeting

Venue: Manchester Grand Hyatt

Location: San Diego, California

Michael Joseph, a veteran healthcare and corporate lawyer with McAfee & Taft, joins Christine White, a senior staff attorney with the Federal Trade Commission, and moderator Tim Greaney, co-director of the Center for Health Law Studies at Saint Louis University School of Law, to discuss antitrust concerns for Accountable Care Organizations (ACOs), Physician-Hospital Organizations (PHOs), and other multi-provider networks at the American Health Lawyers Association‘s In-House Counsel Program and Annual Meeting on July 1, 2013, in San Diego, CA.

Joseph serves as legal counsel for Norman PHO, a multi-provider joint venture formed by the Norman Regional Health System and the Norman Physicians Association, which sought to create a “clinically integrated” network and then engage in joint contracting with third-party payers on behalf of its participating providers. Earlier this year, the Federal Trade Commission issued a favorable advisory opinion – the first of its kind since the enactment of the Affordable Care Act – in which the agency conditionally determined that Norman PHO’s planned implementation of a clinical integration plan and proposed joint contracting activities appeared unlikely to restrain trade. As a result, the PHO was given the green light to move forward with its plans.

In this presentation, “Green Light for Clinically Integrated Networks – Essential Antitrust Considerations,” Joseph and his fellow guest speakers review the advisory opinion and the meaningful instruction it provides practitioners and discuss important considerations in structuring and operating an antitrust compliant ACO, PHO, or other multi-provider network.