FTC Staff Comment To the New York State Department of Health Regarding the Potential Competitive Impact of COPA Applications Filed by Adirondack Health Institute PPS, Advocate Community Partners PPS, and Staten Island PPS

Matter Number:

V150005

Summary

In a comment to the New York State Department of Health, FTC staff expressed concern that New York’s COPA regulations – which purport to provide antitrust immunity to certain approved health care collaboratives – are unnecessary because antitrust law already permits health care collaborations that benefit consumers. The comment expressed “strong concerns that the COPA regulations, as well as the underlying authorizing legislation, are based on inaccurate premises about the antitrust laws and the value of competition among health care providers.” The comment opined that allowing certain health care collaboratives to obtain COPA approval was likely to lead to increased health care costs and decreased access to health care services for New York consumers.