Federal agencies issued two waivers to exempt ACOs from prosecution for violating existing healthcare laws. One waiver involves antitrust laws, and allows competing providers, including ASCs, to provide coordinated care. The second waiver focuses on fraud and abuse laws, and incentivizes physicians to find new care approaches, which could possibly include ASC referrals, according to the report.
While complex and nuanced, the waivers suggest surgery centers will be able to share some pricing information that previously was confidential and will have some protections against the ACO’s market power, if ASC officials choose not to join.
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