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


Conducted on Tuesday, June 20, 2017
Recorded event now available


This CLE webinar will provide healthcare counsel with an examination of the latest developments with respect to 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.

Description

Although there is much talk of change in Washington, D.C. when it comes to healthcare, one consistency is that healthcare providers around the country continue to seek out ways to better collaborate and coordinate care. Accountable care organizations and other forms of clinical integration are the most common types of collaborations other than mergers and acquisitions. However, competitor collaborations can raise antitrust concerns. The FTC, DOJ, state attorneys general and other market participants are scrutinizing these clinical integration arrangements to ensure compliance with antitrust laws.

The panel, including current practitioners and current and former FTC enforcers, will describe how the FTC investigates collaborations among providers such as ACOs and clinically integrated networks. They will discuss collaborative activities that are unlikely to raise antitrust concerns, and the types of situations that are likely to prompt an investigation. They will address how to reduce antitrust risks in forming and operating a physician network, joint venture or ACO, and how best to respond to an antitrust investigation if one occurs.

Listen as our authoritative panel provide practical guidance on how to assess the antitrust risks of a provider collaboration and how to reduce the likelihood of an antitrust investigation or challenge.

Outline

  1. Antitrust overview
  2. Antitrust assessment of provider collaborations
    1. Is there sufficient financial or clinical integration?
    2. Will the network have market power—how does one go about determining product and geographic markets, or is that even necessary?
    3. Exclusive vs. non-exclusive networks
    4. How does one document potential cost and quality efficiencies?
    5. What conduct creates “red flags?”
  3. Addressing some common questions
    1. How does the network know that it is sufficiently integrated?
    2. When can joint negotiations begin?
    3. Should the network work with health plans—and if so, how?
    4. How important is evidence of cost or quality gains?
    5. Does working with a hospital raise or lower the antitrust risks?
    6. What if prices go up?
    7. Should the network seek an advisory opinion?
    8. And many more …

Benefits

The panel will review these and other key issues:

  • What are the lessons from recent cases and the FTC’s recent advisory opinions regarding clinical integration programs?
  • What elements should be included in a clinically integrated provider network within the meaning of antitrust law?
  • What are best practices for effective clinical integration and avoiding antitrust problems?

Faculty

Saralisa C. Brau, Deputy Assistant Director, Health Care Division
Federal Trade Commission, Washington, D.C.

Ms. Brau leads investigations and litigation involving alleged violations of the antitrust laws by pharmaceutical companies, physicians, hospitals, and other health care providers. Before joining the FTC in 2005, Ms. Brau was with the law firm of McDermott Will & Emery in New York, New York, where her practice focused on antitrust counseling, antitrust civil litigation, and trade regulation matters, often for health care industry clients. She regularly represented clients before the FTC and Department of Justice in antitrust conduct, merger, and criminal investigations. 

Robert F. Leibenluft, Partner
Hogan Lovells US, Washington, D.C.

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.

Leigh L. Oliver, Partner
Hogan Lovells US, Washington, D.C.

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.


Recordings

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Program Materials

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Program Materials

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Customer Reviews

The webinar was very clear & applicable to my practice.

Christine Lay

Bon Secours Health System

The materials were excellent and well organized.
 

Kevin Duthoy

Bewley, Lassleben & Miller

I enjoyed the quality of the presentations and the information presented.

Cassandra Pullen

Fresenius Medical Care North America

The seminar was very informative and detailed, and I enjoyed the different perspectives of the speakers.

Melanie Martin

Cozen O'Connor

Very concise - provided what was needed, yet also included many examples, thoughts and ideas.

Ron Keith

Skilled Care

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Health Law Advisory Board

Lowell C. Brown

Partner

Arent Fox

Jennifer L. Evans

Shareholder

Polsinelli

Ryan S. Johnson

Shareholder

Fredrikson & Byron

Gina M. Kastel

Partner

Faegre Baker Daniels

Karen S. Lovitch

Member

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo

David A. Manko

Partner

Proskauer Rose

John J. Miles

Senior Counsel

Baker Donelson

C. Elizabeth O'Keeffe

Counsel

Wyatt, Tarrant & Combs

J. Peter Rich

Partner

McDermott Will & Emery

Donald H. Romano

Of Counsel

Foley & Lardner

Judith A. Waltz

Partner

Foley & Lardner

John R. Washlick

Shareholder

Buchanan Ingersoll & Rooney

Jesse A. Witten

Partner

Drinker Biddle & Reath

or call 1-800-926-7926

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