Antitrust Compliance and Clinical Integration: Assessing Anti-Competitiveness of Collaborations, Minimizing Risk of Agency Challenges

A live 90-minute CLE webinar with interactive Q&A


Tuesday, June 20, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, June 2, 2017


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.


Live Webinar

Live Webinar $247.00

Includes Early Discount Savings of $50.00 (through 06/02/17)

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 06/02/17)

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 06/02/17)

How does this work?

Recorded Audio Download (MP3) $247.00
Available 24 hours after the live event

Includes Early Discount Savings of $50.00 (through 06/02/17)

How does this work?

DVD (Slide Presentation with Audio) $247.00 plus $9.45 S&H
Available ten business days after the live event

Includes Early Discount Savings of $50.00 (through 06/02/17)

How does this work?


Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $344.00

Includes Special Savings of $250.00 (through 06/02/17)

Live Webinar & Audio Download $344.00

Includes Special Savings of $250.00 (through 06/02/17)

Live Webinar & DVD $344.00 plus $9.45 S&H

Includes Special Savings of $250.00 (through 06/02/17)


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Early Registration
Discount Deadline
June 2, 2017
(7 days)

or call 1-800-926-7926

Can't Attend the Live Program?

CLE Credits By State

See CLE State Map >

or call 1-800-926-7926

Customer Reviews

The presentation materials were clear and logical. Presenters were knowledgeable and their respective presentations dovetailed nicely.

Susan Lahti

NMDP

Very current topic and I appreciated the real life examples.

Lisa Thompson

Adelman Sheff & Smith

Strafford's seminar was excellent and I found the Q&A session especially helpful.

Ben Koplin

Fulbright & Jaworski

The materials were excellent and well organized.
 

Kevin Duthoy

Bewley, Lassleben & Miller

The teleconference was efficient with a well-focused agenda. The speakers really seem to know the material and communicated it clearly.

Owen Hughes

Pfizer

or call 1-800-926-7926

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

Rivkin Radler

John J. Miles

Principal

Ober Kaler

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

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.