Jointly Providing Health Care Fee Information to Payers
At the outset, it should be clarified that collective negotiations by competing providers who are not financially or clinically integrated should never take place and constitutes a per se violation of federal antitrust laws. Prohibited activities include any action in contemplation of or in furtherance of an agreement on fees or other aspects of reimbursement. It is unlawful for a non-integrated group of competing providers to agree on or suggest a central fee schedule. Any activity relating to prospective fees should be avoided.
Competing providers can jointly provide information on fees currently being charged or that have been charged in the past as long as certain safeguards are implemented and strictly followed. The FTC and DOJ have stated that the joint provision
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