Who's Afraid Of ACOs?

Law360, New York (January 19, 2011, 3:58 PM EST) -- In the debate over antitrust implications of the formation of accountable care organizations (ACOs), there is fear on both sides. Payors have expressed fears that providers, among other things, will turn collaboration in the context of the Medicare shared savings program into bargaining units for price negotiation for populations covered by commercial contracts. In turn, providers have expressed concerns their future collaboration through the shared savings program requires broad antitrust "safe harbor" protections.

Unfortunately, elements of the payor and provider communities may be reflexively assuming old...
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