DOJ/FTC provide new guidance for providers

Antitrust guidelines released September 27 by the Department of Justice (DOJ) and the Federal Trade Commission (FTC) have produced new guidance for providers in three areas and refined six areas that were the subject of last year's statement. Although the agencies have characterized the 1994 Statement as a "landmark," it is more evolutionary than revolutionary in nature--providing clarifications, adjustments, and additions to the 1993 Statement, including an expansion of the safety zone for certain physician joint ventures and a significant discussion of the agencies' framework of review of multi-provider networks. The 1994 Statement is also significant because it appears that it will be the agencies' last formal statement on this issue for some time. Since its release, both DOJ and FTC have stated that no clarifications or expansions to the 1994 Statement are currently planned. This article provides highlights of the new statement. "Health Law" is a regular feature of Physician Executive from the Washington, D.C., law firm Epstein Becker & Green, P.C. Mark Lutes of that law firm serves as editor for the column.