Partial integration raises antitrust concerns.
Recently, providers have begun to explore a new model of integrated delivery system, the partially integrated IDS. Typically, a partially integrated IDS is a joint venture, owned by a core group of providers that maintains complete financial and operational independence outside the joint venture. The IDS contracts with other providers to furnish services that the part-owners do not furnish. A partially integrated IDS raises antitrust concerns because the participating providers may be seen as competitors banding together to set prices jointly for healthcare services. Therefore, to minimize their antitrust exposure, providers that are considering this model should be careful to structure the IDS in accordance with the relevant Federal antitrust laws (i.e., Section 1 of the Sherman Act), taking into account the Federal antitrust agencies' various guidelines and enforcement policies.
Brock
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Proskauer Rose, LLP, Washington, D.C., USA. TBrock@proskauer.com
Kamoie
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BE
D016363:Antitrust Laws; D019033:Delivery of Health Care, Integrated / Q000191:economics / Q000331:legislation & jurisprudence / Q000458:organization & administration*; D006801:Humans; D007449:Investments; D009935:Organizational Affiliation / Q000191:economics / Q000331:legislation & jurisprudence*; D010934:Planning Techniques; D020414:Risk Sharing, Financial / Q000379:methods; D018511:Systems Integration; D014481:United States