May 30, 2011
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AMA registers concern about regulatory burdens of ACOs

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The AMA has raised concerns about a proposed Federal Trade Commission and Department of Justice policy regarding accountable care organizations, according to a news release from the organization.

Michael D. Maves, MD, MBA, executive vice president and CEO of the AMA, sent a letter on May 26 to FTC Secretary Donald S. Clark expressing trepidation about the policy on the enforcement of antitrust policy relating to accountable care organizations (ACOs).

ACOs, collaborative entities comprising primary care physicians, hospitals and other professionals, will be eligible to participate in the Medicare Shared Savings Program starting Jan. 1, 2012. The CMS issued a preliminary rule on ACO participation in March and is expected to release a final rule in October. The savings program is designed to coordinate care and make care more efficient.

Cecil B. Wilson, MD

Cecil B. Wilson, MD, president of the AMA, expressed concern in the release that the ACO policy may undermine the ability of physicians in small practices from participating in ACOs.

“As proposed, the FTC and DOJ policy on ACOs simply does not go far enough to level the playing field, leaving small physician practices at a disadvantage compared to hospitals and dominant insurance companies,” Wilson said.

Under the proposed policy, an ACO that controls less than 30% of a designated public service area would be eligible for protection from antitrust law. The threshold should be increased to 40% for ACOs that face competition from other providers, the letter said.

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