us-ftc-advisory-opinions-95a03c3c1990e48e8155f4c92d641b12•Peer Review Organizations of Ohio Foundation
Peer Review Organizations of Ohio Foundation
us-ftc-advisory-opinions-95a03c3c1990e48e8155f4c92d641b12Peer Review Organizations of Ohio FoundationGuidance
re: Concerning a proposal by an association of nine Professional Standards Review Organizations to bid for contract with HHS to serve as a Peer Review Organization for Ohio under the Medicare program.
-5- enjby f i r s t priority for selection a s a PRO.^ ~ h c ym i g h t w e l l also b able to meet HHS requirements for RphysLcian-access" organization t h e other class sf organizations e l i g i b l e for FRO designation.%' Rowever, it is possible t h a t those PSROS would bava difficulty admlnfatctlng a statewide peer review p gram, or would not be interested i n doing so even if they c o u l d , 28 t h a t PRWF will be t h e sola mechanism t h r o u g h which t h e y eo$$ectlvely om individually will seek PRO d e s i g n a t i o n , 7 percent of Ohio" pphyslcians as 42.0,5,C,A, S 2 3 2 0 ~ - %(I)[B) (West 1983)8 49 Fed, Req, 7202, QFeb, 29, 19841,
L a r r y 9. Spencer -6- antitrust liability, A l t h o u g h a s u b s l a n t i a i lessening of competition might be inferred from a substantial r e d u c t i o n in t h e nmber of competitors (such as from three or four to two), PROOF could seek to show that the vigor and effectiveness of the competitive process would not be a d v e r s e l y a f f e c t e d , t h e answers are n o t apparent, g i v e n t h e information currently available t o u s , As we have i n d i c a t e d , any challenge t o PR~QF's operation would require substantial evidence on each o f a nmbar sf critical elements, O n l y if a l l were present would a vloLation be found, T h e discussion a b v e is Limited to PRWF" formation and wish to engage in. We h a v e set forth a b a v e w h a t we consider to k t h e p t e n t i a l antitrust r i s k s involved in PROOFe% p l a n t o seek designation as t h e PRQ for Ohio, The significance of those risks depends on f a c t u a l questions that we could fully resolve, if at a l l , only after extended inquiry, The information we now h a v e does n o t give us s t r o n g rehson to b e l i e v e that PROOF" formation, or its plan to seek designation as t h e PRO for O h i o , would be illegal under t h e F e d e r a l antitrust laws, W e hope t h a t the preceding discussion will help PROOF determine whether and h a s it can implement its plane to seek PRO designation, and operate as the FRO for O h i s i f selected, in compliance with t h e antitrust L a w s , competition there may be, or may d e v e l o p In the f u t u r e , among those PSROs to perform non-Medicare peer review,
Larry D, Spencer -7- Thna l e t t e r reflects infarma$ s t a f f g u l d a n e e , T h e s t a f f reserves t h e r i g h t to reconsider this o p i n i o n and, w i t h notice to the requesting party. to rescind this o p i n i o n i f t h e p u b l i c interest so requires. In addition, under Section 1.3(c) of t h e mmissiongs R u l e s o f Practice, t h e Ce,mbssPon is n e i t h e r b u w d b y - t h i s advice nor foreclosed from t a k i n g action regarding the mrrduct i n question, S i n c e r e l y y o u r s , blrtbun: N, Lernes Assistant Director
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