United States: FTC Issues Advisory Opinion Permitting Physicians To Form Healthcare Advisory Group

On February 7, 2003, the FTC issued an advisory opinion concerning the proposed formation and operation of a "healthcare advisory group" of practicing physicians in the Dayton, Ohio area. The physicians plan to inform the public about a number of issues they believe are related to the quality and cost of health care services in Dayton, including: the level of payments made by health plans to doctors in Dayton compared to those in other parts of the country health plan practices relating to the authorization of services, and the adequacy of health plans' specialty physician networks. The opinion states that many of the group's planned activities pose no substantial antitrust risk, noting that increasing the amount of accurate and detailed information available to patients, employers, and physicians can improve the functioning of markets and foster competition and consumer welfare. The opinion found, however, that the group's plan to collect and publish information regarding insurer-specific payments to physicians could raise competitive concerns. The advocacy group, however, intends to take a number of steps to prevent the organization from being used for an anticompetitive purpose.

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