On October 20, 2011, the Centers for Medicare & Medicaid
Services (CMS) released the final rules for accountable care
organizations
(ACOs), a highly publicized initiative of the
Affordable Care Act. Accountable care organizations are part of the
Medicare
Shared Savings Program, which is charged with
improving quality of care for Medicare patients. The CMS provided
incentives
for ACOs to deliver high-quality care at reduced rates
of spending by providing a more coordinated team approach to health
care delivery.
On the same day, the Federal Trade Commission
and Department of Justice provided guidelines addressing antitrust
issues involving
the formation of ACOs.1
The concern is that ACOs can result in a reduced number of competitors
in health care markets, which could potentially increase
prices and have negative consequences for consumers
and purchasers of care. The Federal Trade Commission and Department of
Justice guidelines require that ACOs meet the Medicare
Shared Savings …
