The ACO Antitrust Policy Statement: Antitrust Enforcement Meets Regulatory Rulemaking

As the Obama Administration began to draft regulations governing Accountable Care Organizations (ACOs) under the Medicare Shared Savings Program (MSSP), the federal antitrust agencies faced a significant challenge. Critics of health care reform had charged that the Affordable Care Act1 contained little to control health care costs. The Administration’s response was that ACOs and similar initiatives would transform how care is delivered and, in the long run, result in both lower cost and higher quality care. ACOs were therefore a critical component of the Administration’s health care reform agenda.


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