Delegation Dilemma: Can HHS Require Medicare ACOs To Undergo Pre-Clearance by the Antitrust Agencies?
One of the most anticipated aspects of last year’s health reform legislation, the Patient Protection and Affordable Care Act (PPACA), is the Medicare Shared Savings Program. That program seeks to cut Medicare costs and promote quality care through the use of accountable care organizations (ACOs). This article addresses the question of whether or not HHS can require Medicare ACOs to undergo pre-clearance by the antitrust agencies and concludes that the proposed ACO regulations, to the extent they make the antitrust agencies the final arbiters of whether certain proposed ACOs qualify to participate in the Medicare Shared Savings Program, likely exceed HHS’s statutory authority.
Reproduced with permission from BNA’s Health Law Reporter, 20 HLR 961, 6/23/2011. Copyright 2011 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com