Antitrust Compliance and Clinical Integration
Assessing Anti-Competitiveness of Collaborations, Minimizing Risk of Agency Challenges
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide healthcare counsel with an examination of the latest developments concerning clinical integration programs, as well as the FTC and DOJ assessment processes. The panel will offer best practices for effective clinical integration while mitigating antitrust concerns.
- Antitrust overview
- Antitrust assessment of provider collaborations
- Is there sufficient financial or clinical integration?
- Will the network have market power—how does one go about determining product and geographic markets, or is that even necessary?
- Exclusive vs. non-exclusive networks
- How to document potential cost and quality efficiencies
- What conduct creates “red flags”?
- Addressing some common questions
- How does the network know that it is sufficiently integrated?
- When can joint negotiations begin?
- Should the network work with health plans—and if so, how?
- How relevant is evidence of cost or quality gains?
- Does working with a hospital raise or lower the antitrust risks?
- What if prices go up?
- Should the network seek an advisory opinion?
- And more
The panel will review these and other noteworthy issues:
- What are the lessons from FTC’s advisory opinions regarding clinical integration programs?
- What are the elements to include in a clinically integrated provider network within the meaning of antitrust law?
- What are best practices for effective clinical integration and avoiding antitrust problems?
Robert F. Leibenluft
Hogan Lovells US
Mr. Leibenluft's practice is devoted entirely to health and antitrust matters, including counseling and litigation... | Read More
Mr. Leibenluft's practice is devoted entirely to health and antitrust matters, including counseling and litigation regarding antitrust issues involving hospitals, physicians, and health plans. He has worked as an attorney advisor in the FTC's Office of Policy Planning, concentrating on health and antitrust matters, and as Assistant Director for Health Care in the FTC's Bureau of Competition.Close
Leigh L. Oliver
Hogan Lovells US
Ms. Oliver's practice is devoted to antitrust law, including counseling and litigation on a wide range of legal and... | Read More
Ms. Oliver's practice is devoted to antitrust law, including counseling and litigation on a wide range of legal and policy issues relating to mergers and acquisitions, joint ventures, and competitor collaborations under federal and state antitrust laws. She has extensive experience working on government investigations into prospective and post-consummated mergers and acquisitions, coordinating all aspects of multi-jurisdictional merger reviews and investigations, and handling non-merger government investigations.Close