Federal Trade Commission September 17, 2010 – Federal Register Recent Federal Regulation Documents
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Medicare Program; Workshop Regarding Accountable Care Organizations, and Implications Regarding Antitrust, Physician Self-Referral, Anti-Kickback, and Civil Monetary Penalty (CMP) Laws
This notice announces a public workshop hosted by the Federal Trade Commission (FTC), the Centers for Medicare & Medicaid Services (CMS), and the Office of the Inspector General (OIG) of the Department of Health and Human Services (DHHS). This workshop will include panel discussions and a listening session on certain legal issues related to Accountable Care Organizations (ACOs). Physicians, physician associations, hospitals, health systems, consumers, and all others interested in ACOs are invited to participate, in person or by calling into the teleconference. The meeting is open to the public, but attendance is limited to space and teleconference lines available. An agenda will be posted on the CMS Web site at https://www.cms.gov/center/ physician.asp prior to the session.
Premerger Notification; Reporting and Waiting Period Requirements
The Commission is proposing amendments to the Hart-Scott- Rodino (``HSR'') Premerger Notification Rules (the ``Rules''), the Premerger Notification and Report Form (the ``Form'') and associated Instructions in order to streamline the Form and capture new information that will help the Federal Trade Commission (the ``Commission'' or ``FTC'') and the Antitrust Division of the Department of Justice (the ``Assistant Attorney General'' or the ``Antitrust Division'') (together the ``Antitrust Agencies'' or ``Agencies'') conduct their initial review of a proposed transaction's competitive impact. Section 7A of the Clayton Act (the ``Act'') requires the parties to certain mergers or acquisitions to file with the Agencies and to wait a specified period of time before consummating such transactions. The reporting requirement and the waiting period that it triggers are intended to enable the Antitrust Agencies to determine whether a proposed merger or acquisition may violate the antitrust laws if consummated and, when appropriate, to seek a preliminary injunction in federal court to prevent consummation, pursuant to section 7 of the Act.
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