How Can You Mitigate the Risks and Maximize the Benefits of Commercial ACOs?

Commercial Accountable Care Organizations (ACOs) are increasingly attractive to providers--but they also present unique legal issues. In a complimentary webinar, Manatt helps you navigate the potential pitfalls of commercial ACOs while taking advantage of their benefits. Join us for “Avoiding the Regulatory Land Mines of Commercial ACOs”—and discover new approaches for conquering the compliance challenges of hospital-physician commercial ACOs.

How can commercial ACOs protect against price fixing claims and antitrust scrutiny? How can physicians and hospitals collaborate in commercial ACO arrangements without fear of violating the Stark Law or Anti-Kickback Statute? How can doctors and hospitals structure financial relationships and calculate market value to minimize compliance risks?

Robert Belfort and Martin Thompson, partners in the Healthcare Industry of Manatt, Phelps & Phillips, LLP, reveal the answers—and show you creative paths to protecting your organization in an uncertain regulatory environment. During the program, you will:

  • Learn how commercial ACOs can potentially implicate the Stark Law and Anti-Kickback Statute.
  • Examine how the corporate structure and contracting arrangements of commercial ACOs affect the application of fraud and abuse laws.
  • Find out the scope of the fraud and abuse waivers established under the Medicare Shared Savings Program (MSSP)—and when the waivers can (and can’t) be used to protect commercial ACOs.
  • Discover how MSSP affects the antitrust analysis of commercial ACOs.
  • Explore concentration and market share analyses for ACOs.
  • Evaluate clinical integration for commercial ACOs.
  • Gain insight into contractual constraints—and how sensitive they are to antitrust analyses.

While commercial ACOs provide benefits, they also present risks. But careful planning and innovative thinking can keep your organization out of danger. The webinar provides important guidance on how you can realize the advantages of commercial ACOs—without stepping on a regulatory land mine!

If you would like to receive an audio transcript of this webinar due to accessibility issues, please email us at

This program does not constitute legal advice, nor does it establish an attorney-client relationship. Views expressed by presenters are strictly their own and should not be construed to be the views of Manatt or attributed to Manatt.



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