Physician Hospital Alliance

Antitrust Compliance Dos and Don’ts for

Members and Board

 

Don’ts:

Don’t discuss or agree with competing providers (“competitors”) as to prices (reimbursement rates), pricing practices, or pricing strategies, including methods, timing, or implementation of price changes.

Don’t discuss or agree with competitors as to whether you will accept or reject specific reimbursement rates.

Don’t discuss or agree with competitors as to uniform terms of reimbursement or contract provisions.

Don’t discuss or agree with competitors whether to deal with certain payors.

 

Dos:

Do know the purpose of all meetings with competitors.

Do ask for an agenda if you do not receive one with your meeting notice.  Do not participate in meetings that do not have set agendas, or agendas that appear improper or overly vague.  If you have any questions about any agenda item, contact an attorney before attending.

Do request that counsel be present at any discussion that involves potentially sensitive competitive information.

Do remember that anything you write, including e-mail and instant messages, may be closely scrutinized.

Be succinct and clear in all written documents so that there is no question as to the meaning of the communication.

Avoid philosophizing and editorializing on issues that may irritate you.

Do seek legal advice if you have any questions about antitrust issues.