This year, the hot topic in healthcare antitrust circles has been the accountable care organization (ACO) provisions of the Patient Protection and Affordable Care Act, signed into law by President Barack Obama in March 2010.1

Designed to further the act’s stated goal to “improve the quality and reduce the costs of health care services” by “encouraging physicians, hospitals and other health care providers to become accountable for a patient population through integrated health care delivery systems,”2 ACOs are “groups of providers…meeting the criteria specified by the Secretary” of Health and Human Services who “work together to manage and coordinate care for Medicare…beneficiaries.”3 The Centers for Medicare and Medicare Services (CMS) this spring issued proposed regulations for establishing and operating ACOs.4

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