Advisory Opinions
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Topic and
Yearly Indices of Health Care Antitrust Advisory Opinions By Commission
and Staff
[PDF, Updated 08/2007]
Overview of the Advisory Opinion
Process at the Federal Trade Commission
Presented by Judith A. Moreland at the National Health
Lawyers Association/Antitrust in the Health Care Field on February 13
and 14, 1997.
Prospective
Guidance FTC Advisory Opinions
Presented by Jeffrey Brennan at the FTC/DOJ Hearings on Health Care
Competition Law and Policy, June 26, 2002.
Greater Rochester Independent Practice Association, Inc.
Letter from Markus H. Meier to Christi J. Braun and John J. Miles, dated September 17, 2007 concerning a proposal by a physician association to negotiate contracts with payers in connection with its integrated services program.
MedSouth, Inc.
Letter from Markus H. Meier to John J. Miles, Ober, Kaler, Grimes & Shriver, Dated June 18, 2007
Re: Follow-Up to February 9, 2002 MedSouth, Inc. Staff Advisory Opinion
St.
John's Health System
Letter from Markus H. Meier to Michael Merrigan, dated September 13,
2006, concerning the provision of pharmaceuticals by St. John's Regional
Health Center, a non-profit hospital, to three hospital-owned pharmacy
sites, under the Non-Profit Institutions Act.
Alpena Public Schools
Letter from Markus H. Meier to Kathleen A. Reed, dated June 16, 2006,
concerning a program to transfer pharmaceuticals at cost between a non-profit
hospital and a non-profit public school system.
Suburban
Health Organization
Letter from David R. Pender to Clifton E. Johnson and William H. Thompson,
dated March 28, 2006, concerning the antitrust implications of a proposal
to undertake a program involving partial integration among eight independent
Suburban Health Organization member hospitals and the 192 primary care
physicians that, in total, they employ.
North
Mississippi Health Services
Letter from David R. Pender to Bruce J. Toppin, dated August 16, 2005,
concerning the transfer of pharmaceuticals at cost by non-profit hospital
to patients of non-profit clinic and hospice.
Stevens Hospital,
of Edmonds, Washington
Letter from David Pender to Gordon J. Oakes, dated April 18, 2005, Concerning
the Applicability of the Non-Profit Institutions Act Amendments to the
Robinson-Patman Act to Stevens' Proposed Pricing of Pharmaceuticals,
and Incoming Letter
from Stevens Hospital, dated March 4, 2005.
Bristol-Myers
Squibb Company
Letter from Jeffrey W. Brennan to Richard J. Stark, dated May 24, 2004.
re: Proposed settlement of infringement litigation with Teva Pharmaceuticals
involving sharing of the exclusivity period for the drug Paraplatin.
Dunlap Memorial Hospital
Letter from Jeffrey W. Brennan to Judy Erb, dated January 6, 2004
re: Transfer of pharmaceuticals at cost by non-profit hospital to
patients of non-profit Free Clinic
Medical Group Management
Association
Letter from Jeffrey W. Brennan to Gerald Niederman, dated
November 3, 2003
Bay Area Preferred Physicians
Letter from Jeffrey W. Brennan to Martin J. Thompson, dated
September 23, 2003
Arkansas Children's Hospital
Letter from Jeffrey W. Brennan to Victoria Bennet, dated March 13, 2003
re: Sale of pharmaceuticals by non-profit children's hospital to
patients seen in clinics operated by the University of Arkansas for
Medical Sciences on the hospital's campus.
Valley Baptist Medical
Center
Letter from Jeffrey W. Brennan to Louise M. Joy, dated March 13, 2003
re: Sale of pharmaceuticals by non-profit hospital to contracted
workers who provide services at the hospital.
PriMed Physicians
Letter from Jeffrey W. Brennan to Gregory G. Binford,
Benesch Friedlander Coplan & Aronoff LLP,
dated February 6,
2003
re: proposal of PriMed
Physicians, a physician group practice with 55 physician employees located
in Dayton, Ohio, to create with other Dayton-area physicians an advocacy
group to undertake "a campaign to inform and educate the general
public" about, in the physicians' opinion, the "ill effects
and other consequences of the policies and procedures, including depressed
reimbursement, by third party payers in Dayton."
Health Access Inc.
Letter from Jeffrey W. Brennan to Stephen D. Keiss, dated March 8, 2002
re: Sale of vaccines by non-profit hospital to affiliated wellness
center.
MedSouth,
Inc.
Letter from Jeffrey W. Brennan to John J. Miles,
Ober, Kaler, Grimes & Shriver,
dated February 19, 2002
re: proposal
of MedSouth, Inc., a physician independent practice association located
in Denver, Colorado, to integrate partially its member physicians' practices.
Connecticut
Hospital Association
Letter from Jeffrey W. Brennan to Robert M. Langer, Wiggin
& Dana LLP, dated December 20, 2001
re: The applicability of the Non-Profit Institutions Act (NPIA or
the Act) to sales of pharmaceuticals by CHA member hospitals to their
retired employees
Harvard Vanguard Medical
Associates, Inc.
Letter from Jeffrey W. Brennan to David Marx, Jr., dated 12/18/01
re: Sale of pharmaceuticals by non-profit, multi-specialty medical
clinic to employees and to patients treated at the clinic).
Northeast Pharmacy
Service Corporation
Letter from Richard A. Feinstein to Paul E. Levenson, The
Rufus Choate House, dated July 27, 2000
re: Proposal to establish a network of independent pharmacies in
Massachusetts and Connecticut.
-
BJC Health System
Letter from Richard A. Feinstein to Gary Senner, dated November 9, 1999
re: Applicability of the Non-Profit Institutions Act
Orange Pharmacy Equitable Network
Letter from Richard A. Feinstein to John A. Cronin, Pharm D., J.D, dated May 19, 1999
re: OPEN's intention to establish a network of independent community pharmacies and pharmacists
Wesley Health Care Center, Inc.
Letter from Richard A. Feinstein to David A. Ruffo, dated 4/29/99
re: Sales of pharmaceuticals by non-profit skilled nursing facility to volunteers working at the centerAssociates in Neurology
Letter from Robert F. Leibenluft to Robert C. Norton, dated 8/13/98
re: Independent provider association composed of eleven neuorologists in the Los Angeles area
Phoenix Medical Network, Inc.
Letter from Robert F. Leibenluft to William T. Harvey, dated 5/19/98
re: Physician network of osteopathic services providers
North Mississippi Health Services
Letter from Michael D. McNeely to Bruce J. Toppin, dated 1/7/98
re: Sales of pharmaceuticals by non-profit hospital to patients of the hospital’s cancer treatment center).Alliance of Independent Medical Services, LLC
Letter from Robert F. Leibenluft to Timothy C. Cashmore, dated 12/22/97
re: Network of ambulance and ambulette services providers formed to contract for transportation services with third party payers
Community Hospital, Inc.
Letter from Robert F. Leibenluft to Darrell O. Fancher, dated 12/22/97
re: Corporate restructuring of nonprofit hospital corporation
New Jersey Pharmacists Association
Letter from Michael D. McNeely to Allen Nichol, Pharm.D., dated 8/12/97
re: NJPA Proposal to Establish Two Pharmacist Service Networks.
First Look, L.L.C.
Letter from Robert F. Leibenluft to James L. Wiant, dated 6/19/97
re: Network of optical and vision services providers
Yellowstone Physicians, L.L.C.
Letter from Robert F. Leibenluft to David V. Meany, dated 5/14/97
re: Multispecialty physician network joint venture
Henry County Memorial Hospital
Letter from Michael D. McNeely to Clifton E. Johnson, dated 4/10/97
re: Sales of pharmaceuticals by non-profit hospital to patients of hospital PHO
Foundation for the Accreditation of Hematopoietic Cell Therapy
Letter from Robert F. Leibenluft to Paul L. Yde, dated 4/17/97
re: Standard-setting and accreditation program
Ohio Ambulance Network
Letter from Robert F. Leibenluft to Shawn M. Lyden, dated 1/23/97
re: Network of ambulance and ambulette services providers
Mobile Health Resources, L.L.C. Letter from Robert F. Leibenluft to John A. Cook, dated 1/23/97
re: Network of ambulance companiesSouthwest Florida Oral Surgery Associates
Letter from Robert F. Leibenluft to Guy E. Whitesman, dated 12/2/96
re: Cooperative of oral and maxillofacial surgery practices
North Ottawa Community Hospital
Letter from Michael D. McNeely to Sheldon Klein, dated 10/22/96
re: Sales of pharmaceuticals by non-profit hospital to unaffiliated, non-profit hospice
Business Health Companies, Inc.
Letter from Robert F. Leibenluft to Ralph T. Smith, Jr., dated 10/18/96
re: Survey of hospital prices by third-party consultant
North Mississippi Health Services
Letter from Michael D. McNeely to Bruce J. Toppin, dated 10/3/96
re: Sales of pharmaceuticals by non-profit medical center to retired employees
Valley Baptist Medical Center
Letter from Michael D. McNeely to Daniel L. Wellington, dated 9/19/96
re: Sales of pharmaceuticals by non-profit medical center to medical center operated clinic
Mayo Medical Laboratories
Letter from Robert F. Leibenluft to George A. Cumming, Jr., Esquire, dated 7/17/96
re: Laboratory services
William W. Backus Hospital
Letter from Michael D. McNeely to Robert M. Langer, dated 6/11/96
re: Sales of pharmaceuticals by non-profit hospital to related non-profit clinics
American Medical Association
Letter from Robert F. Leibenluft to Kirk B. Johnson, dated 3/26/96
re: Dissemination of information concerning proposed revisions of the Medicare RBRVS
Uronet of Louisiana, L.L.C.
Letter from Robert F. Leibenluft to Christopher C. Johnston, dated 1/23/96
re: IPA network of urologistsSouthern Arizona Therapy Network, Inc.
Letter from David R. Pender to Martin Janello, dated, 12/7/95
re: provider network of physical, occupational and speech therpists
Columbine Family Health Center
Letter from David R. Pender to Richard J. Sahli, dated 11/8/95
re: Aition of a patient sorting provision to an agreement between an acute care hospital and a rural health care clinic
Eastern Ohio Physicians Organization, Inc.
Letter from Mark J. Horoschak to Stephen P. Nash, dated 9/28/95
Re: Multi speciality physician organization
Central Texas Medical Group
Letter from Mark J. Horoschak to John P. Dunn, M.D., dated 9/28/95
re: IPA plans to distribute information and educate its members on managed care and community issues).
Hematology/Oncology Care Specialists of Western Pennsylvania, P. C.
Letter from Mark J. Horoschak to Stephen P. Nash, dated 9/21/95
re: Physician network of hematology/oncology services providers
Otolaryngology Specialty Providers of Georgia
Letter from Mark J. Horoschak to Thomas W. Rhodes, dated 8/15/95
re: Physician network of otolaryngology services providers
Northwestern Nevada Orthopaedic Surgery Alliance
Letters from Mark J. Horoschak to Jacqueline C. Cox, dated 7/11/95 and 7/27/95
re: Physician network of orthopaedic services providers
Elmore Community Hospital/Community Hospital
Letter from Mark J. Horoschak to Derrell O. Fancher, dated 06/20/95
re: a purchasing joint venture in AL
California All Health
Letter from Mark J. Horoschak to Messrs. Kopit and Barnes, dated 06/14/95
re: HMO joint venture in four counties: Los Angeles, San Bernardino, Riverside and Kern
Erlanger Medical Center/Memorial Hospital/Women's East
Letter from Mark J. Horoschak to Messrs. Smith and Boehm, dated 05/31/95
re: to operate jointly a new hospital in Chattanooga
Oakland Physician Network, L.L.C.
Letter from Mark J. Horoschak to John A. Cook, dated 3/28/95
re: Primary care physician network joint ventureRocky Mountain Cardiovascular Affiliates
Letter from Mark J. Horoschak to Neil E. Ayervais, dated 9/23/94
re: Limited liability company composed of physician cardiovascular services practices
Palmetto Dental Alliance
Letter from Mark J. Horoschak to Scott Y. Barnes, dated 9/23/94
re: Proposed exclusive provider organization to provide dental services to beneficiaries of third party health benefits plans
Suffolk County Dental Society
Letter from Mark J. Horoschak to Steven L. Roberts and Albert A. Sunshine, dated 7/6/94
re: Legality of "exclusive dental plans"; proposed dental society disciplinary action against dentists sponsoring such plans
South East Managed Care Organization/Jackson Medical Cooperative
Letter from Mark J. Horoschak to George Q. Evans, dated 7/5/94
re: Physician network joint venture between physician directed managed care organization and group of physician providers
ACMG, Inc
Letter from Mark J. Horoschak to Paul W. McVay, dated 7/5/94
re: Proposed agreement between state medical society and independent health care management and development company to establish society sponsored state-wide PPO
Elkhart General Hospital
Letter from Michael D. McNeely to Clifton E. Johnson, dated 6/13/94
re: Sales of pharmaceuticals by non-profit hospital to hospital operated home health care program
American Medical Association
Letter from Donald S. Clark to Kirk B. Johnson, dated 2/14/94
re: Professional society peer review of physicians' fees: required physician participation in advisory fee review; medical society discipline for fee-related conductPresentation Health System
Letter from Donald S. Clark to Tamara D. Lee, dated 12/21/93
re: Sales of pharmaceuticals by non-profit hospitals to related non-profit long-term care facilities
California Managed Imaging Medical Group, Inc.
Letter from Mark J. Horoschak to J. Bert Morgan, dated 11/17/93
re: Radiology services PPO network
Unnamed Hospital.
Letter from Karen G. Bokat to James D. Miller, dated 3/31/93
re: Concerning the dispensing of drugs by a non-profit hospital
to HMO members and to members of a senior citizens' program.
Oneida City
Hospital
Letter from Michael D. McNeely to Linus W. Walton, dated 06/01/92
re: Concerning the sale of prescription drugs by a city-operated
hospital to city employees at a price reflecting discounts received
by the hospital.
Benedictine
Health Centers
Letter from Mark J. Horoschak to Patrick M. Sheller, dated 07/10/91
re: Concerning a hospital's offer of free office space to newly
recruited physicians.
IPA Sponsored
PPO
Letter from Mark J. Horoshak to Martin J. Thompson, dated 06/20/91
re: Concerning an IPA network's sponsorship of a PPO to negotiate
prices with hospitals whose services will be marketed as part of
the PPO.
Dental Consultant
Salary Survey
Letter from Mark J. Horoschak to Samuel D. Dednam , dated 05/30/91
re: Relating to a survey of salary ranges for certified dental
consultants.
Wichita Area
Chamber of Commerce
Letter from Mark J. Horoschak to Tim Witsman , dated 05/22/91
re: Relating to collective allocation by hospitals of services,
equipment, or facilities.
National Capital
Society of Plastic and Reconstructive Surgeons
Letter from Mark J. Horoschak to Robert J. Wilensky , dated 04/23/91
re: Concerning a physician panel's rendering of advisory opinions
regarding fee disputes.
American Society
of Cataract and Refractive Surgeons
Letter from Mark J. Horoschak to Jerald A. Jacobs, dated 09/20/90
re: Concerning advisory advertising guidelines.
American Dental
Association
Letter from Mark J. Horoschak to Peter Sfikas, dated 02/15/90
re: Concerning a study of the establishment of UCR rates by
dental insurers and the impact of those rates on consumers' out-of-pocket
costs.
Independent
Video Services
Letter from Mark J. Horoschak to Bonnie B. Larson, Marketing Manager,
dated 01/17/90
re: Concerning price differences in the sale of educational
video programs to physicians and hospitals.
Pan American
Management Associates
Letter from Michael D. McNeely to Robert P. Macina, dated 06/27/89
re: Concerning the creation of a limited partnership between
hospital and physicians to establish a PPO in which the physicians
are to be excluded from price negotiations with payers.
Intracorp
Letter from M. Elizabeth Gee to Sharon D. Doniz, dated 03/25/88
re: Concerning use of a physician-developed RVS by a cost-containment
service to determine UCR price screens.
Washington
Health Care Association
Letter from M. Elizabeth Gee to Stephen J. Maag, Director of Legal
and Regulatory Affairs, dated 02/16/88
re: Concerning a nursing home association's program to evaluate
the quality of care provided by nursing homes.
Academy
of Ambulatory Foot Surgery
Letter from M. Elizabeth Gee to Andrew K. Dolan, Esq., dated 07/31/87
re: Concerning a professional association's assistance to third-party
payers in determining when foot surgery may be restricted to less
expensive outpatient settings.
Maryland Medical
Eye Associates
Letter from M. Elizabeth Gee to Charles E. Rosolio, dated 05/15/87
re: Concerning the formation, marketing, and operation of a
partially integrated professional organization, owned by nine ophthalmologists
in five separate medical practices, to offer services to HMOs and
other groups on a capitation and fee schedule basis.
Association
for Quality Health Care, Inc
Letter from M. Elizabeth Gee to Cecil M. Cheves, Esq., dated 08/28/86
re: Concerning a proposal by an association of employers with
self-funded health plans to negotiate with providers.
Pacific International
Health, Inc.
Letter from M. Elizabeth Gee to Richard C. Greenberg,
Esq., dated 08/28/86,
re: Concerning the formation and operation of a provider-controlled
PPO in which the price agreements are between individual participating
physicians and each payer.
The Equitable
Life Assurance Society
Letter from M. Elizabeth Gee to Jonathan E. Gaines, Esq., V.P. and
Counsel, dated 03/26/86
re: Concerning the proposal of an insurer to enter into contracts
with hospitals for DRG-based payment.
California
PPO
Letter from M. Elizabeth Gee to Michael A. Duncheon, Esq., dated
03/17/86
re: Concerning a proposal by a PPO composed of multiple hospitals
and physician organizations to negotiate contracts with third-party
payers.
Passaic County
Medical Society
Letter from M. Elizabeth Gee to William T. McGuire, Executive Director,
dated 01/03/86
re: Concerning a professional society’s peer review of
physicians' fees that is mandatory and binding on the physician.
North Texas
Chapter of the American College of Surgeons
Letter from Nina B. Hale to B. Ward Lane, M.D., President, dated
12/12/85
re: Relating to a survey of members' fees.
American
Intra-Ocular Implant Society
Letter from Arthur N. Lerner to Jerald A. Jacobs, Esq., dated 10/11/85
re: Concerning the development of a standard disclosure protocol
for intraocular lens manufacturers who offer inducements to physicians.
Private Healthcare
Systems
Letter from Arthur N. Lerner to Michael L. Denger,
Esq., dated 09/24/85
re: Concerning a proposal by an insurer to develop a proprietary
national network of managed health care systems and to function
as a joint purchasing agent for commercial health insurers.
American Dental
Association
Letter from Timothy J. Muris to Peter M. Sfikas, Esq, dated 08/26/85
re: Rrelating to a survey of the range of dentists' fees in
local markets.
American Society
of Internal Medicine (105 F.T.C. 505 (1985))
Letter from Emily Rock to William G. Kopit, Esq., dated 04/19/85
re: Concerning the development and dissemination of a RVS by
an association of physicians.
Utah Society
of Oral and Maxillofacial Surgeons
Letter from Arthur Lerner to Dennis L. Dedecker, D.D.S.,
Secretary, dated 02/08/85
re: Concerning a survey of range of fees and average fees charged
by members.
Tarrant County
Medical Society
Letter from Arthur Lerner to Lynn C. Perkins, M.D.,
President, dated 07/11/84
re: Concerning a medical society’s advisory fee review
program for the voluntary resolution of disputes.
Maine Medical
Association
Letter from Arthur N. Lerner to Frederick C. Holler, M.D., President,
dated 05/14/84
re: Concerning a proposal by a physician association to urge
members to freeze fees or to lower fees by a given percentage.
Peer Review
Organizations of Ohio Foundation
Letter from Arthur N. Lerner to Larry D. Spencer, Executive
Director, dated 04/25/84
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.
Kitsap Physicians
Service
Letter from Arthur N. Lerner to William G. Kopit, Esq.,
dated 03/26/84
re: Concerning a proposal by a physician-owned IPA/HMO, with
most of the local physicians as participants, to close off access
to the plan to new/additional physicians.
Kitsap Physicians
Service
Letter from Arthur N. Lerner to William G. Kopit, Esq.,
dated 05/22/84
re: Concerning a proposal by a physician-owned IPA/HMO, with
most of the local physicians as participants, to close off access
to the plan to additional physicians.
HMO/IPA
Letter from Arthur N. Lerner to Gilbert M. Frimet,
Esq., dated 03/22/84
re: Concerning the use by an IPA of a fee schedule to allocate
capitation payment among participating physicians, and a proposal
to require exclusive dealing by IPA members with the IPA.
American Podiatry
Association
Letter from Arthur N. Lerner to Werner Strupp, Esq.,
dated 03/13/84
re: Concerning the use of HCFA's Medicare fee profile by the
association as a reference aid in reviewing the reasonableness of
disputed fees.
Medical Society
of the County of Erie
Letter from Arthur N. Lerner to James F. Phillips,
M.D., President, dated 03/12/84
re: Concerning discussions with third-party payers regarding
fee allowances.
North Carolina
Chiropractic Association
Letter from Arthur N. Lerner to Collin M. Haynie, D.C., Chairman,
Ethics Committee, dated 02/29/84
re: Cconcerning provisions in the association’s code of
ethics regarding advertising, prior approval of advertising, and
fee discounts.
American Podiatry
Association
Letter from Timothy Muris to Norman Klombers, DPM,
Executive Director, and John Grad, Esq., General Counsel, Podiatry
Society of Virginia, dated 08/18/83
re: Concerning peer review of fees, utilization, and quality
of care.
American Academy
of Ophthalmology, 101 F.T.C. 1018 (1983)
Letter from Michael A. Baggage to Jerald A. Jacobs, Esq., dated
06/17/83
re: Concerning provisions in a code of ethics regarding delegation
of services to non-physician health care providers, arrangements
for postoperative care, use of experimental procedures, and advertising.
Health Care
Management Associates, 101 F.T.C. 1014 (1983)
Letter from Emily H. Rock to Irwin S. Smith, M.D., President, dated
06/07/83
re: Concerning a PPO organized by an independent intermediary
between physicians and payers.
Rhode Island
Professional Standards Review Organization, 101 F.T.C.
1010 (1983)
Letter from Emily H. Rock to Edward J. Lynch, Executive V.P., dated
05/09/83
re: Concerning peer review of a private employers' health benefits
programs.
Burnham Hospital,
101 F.T.C. 991 (1983)
Letter from the Commission to Robert E. Nord, dated 02/24/83
re: Concerning the grant to a physician group of the exclusive
right to offer radiology services at a hospital.
Louisiana Health
Care Association
Letter from Thomas J. Campbell to Steven E. Adams,
J.D., Director of Governmental Relations dated 04/23/82
re: Concerning a group purchasing agreement for nursing home
association's members.
Iowa Dental
Association,99 F.T.C. 648 (1982)
Letter from Carol M. Thomas to Peter M. Sfikas, Esq., dated 04/08/82
re: Concerning a professional society’s peer review of
dentists' fees.