COPA is intended to protect providers from antitrust issues within collaborative relationships when working to provide collaborative care, but HANYS argues the proposed rules are not strong enough.
“By authorizing the attorney general to seek relief under state antitrust laws if the AG determines if the anticompetitive effects of a collaborative arrangement outweigh the benefits, the rules contradict the Public Health Law, which states that competitive factors cannot be weighed in determining if a collaborative arrangement is proper,” according to HANYS.
In the letter, HANYS concluded “Health policy and provider collaboration is articulated and encouraged by the state and federal governments but is implemented by healthcare providers. We are concerned that failing to alleviate antitrust obstacles may jeopardize the realization of several policy initiatives.”
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