Hospitals and physicians are eagerly awaiting regulations for accountable care organizations (ACOs), which many observers view as the best hope provided by the Patient Protection and Affordable Care Act (ACA) for needed delivery system reform. Starting in 2012, health care providers in ACOs that furnish efficient, high-quality care to Medicare patients will share in Medicare’s savings. Providers are concerned, however, that in creating ACOs they risk violating fraud, abuse, and antitrust laws.1 To address these fears, the Department of Health and Human Services (DHHS), the Federal Trade Commission, and the Department of Justice, under the direction of the White House, are collaborating to provide waivers, safety zones, and guidance to providers.
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