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us-ftc-advisory-opinions-541a4502b9264e6e3fcf3f5742f4f56d•Medical Society of the County of Erie
Medical Society of the County of Erie
us-ftc-advisory-opinions-541a4502b9264e6e3fcf3f5742f4f56dMedical Society of the County of ErieGuidance
re: Concerning the use of HCFA's Medicare fee profile by the association as a reference aid in reviewing the reasonableness of disputed fees.
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Bureau of ~ o m ~ e t i / i o n
FEDERAL TRAOE COMMISSION
WASHINGTON, D.G.
March 12, 1984
James Fa Phillips, M,D, p
I a
p r e s f d e n t
l~~iedieal Society of the County of EnXe
1514 Main-Seneca Building I
2 3 4 H a i n St, !
~ u f f a l a ,New Pork 14203 I
Dear Dr, Phillips:
T h i s letter is i n rcsponse to your recent request concerning
t h e legality OE discussions with third-party payers on the s u b j e c t
fee allowances, A l t h o u g h your inquiry did not contain enough
facts for a formal advisory spinion, we can provide you witk t h e
following general guidance, You should understand t h a t this
advice does not bind the Comissiow,
Some of the legal parameters Of permitted comunieations,
iscussions and negotiations betweon medical societies and third-
a r t y pavers are detailed in the enclosed, recent F e d e ~ a lTrade
omission opinion 101 P , T , C , 191
( 1 9 8 3 1 ("" or conspiracy
among members of t y to dictate,
attempt to set, through collectlve action, the amount, manner
of calculation, and terms of Blue Cross and B l u e Shield reimburse-
ments. T h e Commission enjoined the conspiracy and the Society8s
activities in furtherance sf the conspiracy, T h u s a medical
society would probably be acting u n i a w f u i l y if i t not only had an
informational discussion w i t h a third-party payer, but also
negotiated or reached an agreement ,vita7 a third--partypayer on
reimbursement levels or criteria,
T h e MSMS order prohibits the Mi:ekigan State Medical Society
f eom:
I) threatening third-party payers with departicipation
by member physicians from their insurance plans;
2 ) organizing membersQconcerted cancellation of, or
refusal to enter into, participation agreements
with third-party payers;
3) acting as an agent for any of its members in
dealings witk third-party payers;
4 ) organizing any concerted refusal to file claim forms;
mis F, Phillips, M e D W rPresident Page 5 ) making any collective attempt to extract a f e e agreement t h r o u g h coercion or otherwise; and 6) advocating t h a t S o c i e t y members engage i n t h e g r s h i b i ted actions described above, In contrast to t h e c o n d u c t a t issue i n that ease, t h e MSMS d e c i s i o n indicates t h a t i t is g e n e r a l l y lawful for a medie s o c i e t y to provide information or views 60 third-party payers c o n c e r n i n g reimbursement issues, A l t h o u g h does n o t directly a d d r e s s y o u r question concerning t h e Pega%i Qy of a ssciety s @ r e q u e a t Ear information on reimbursement criteria from B l u e Cross and B I u e S h i e l d , it would generally be permissible f o r a society to i n q u i r e , and t o be informed s f , how third-party payers arrive a t f e e allowances and w h a t e r i k e r i a t h e y use i n t h e i r f e e determinations, as long as the inquiry does not e v o l v e into a prohibited agreement in r e s t r a i n t of t r a d e . Sincerely, A r t h u r N,. L e r n e e Assistant Director
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