San Juan IPA, Inc.; Analysis of Agreement Containing Consent Order to Aid Public Comment - 031 0181

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Federal Register/Vol. 70, No. 103/Tuesday, May 31, 2005/Notices 30949CATEGORIES OF INDIVIDUALS COVERED BY THE the existence and character of the Credit Administration, McLean, VA SYSTEM: system of records for an Organization 22102–5090. Locator and Personnel Roster. Current FCA employees. RECORD ACCESS PROCEDURES: DATES: Written comments should be CATEGORIES OF RECORDS IN THE SYSTEM: Same as above. received by June 30, 2005. The FCA Paper and electronic records. Includes filed a New System Report with CONTESTING RECORD PROCEDURES: information such as names; home Congress and the Office of Management addresses; telephone numbers; cell and Budget on May 24, 2005. This phone numbers; official titles or notice will become effective without RECORD SOURCE CATEGORIES: positions and organizations; further publication on July 14, 2005, Information in this system of records photographs; and other information unless modified by a subsequent notice either comes from the individual to associated with identifying and to incorporate comments received from whom it applies or comes from contacting personnel. Locator records of the public. information supplied by Agency Agency personnel. ADDRESSES: Mail written comments to officials. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Debra Buccolo, Privacy Act Officer, EXEMPTIONS CLAIMED FOR THE SYSTEM: Farm Credit Administration, McLean, 12 U.S.C. 2243, 2252. None.Virginia 22102–5090. You may send PURPOSES:comments by e-mail to ...

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• Publié par: Shawyar
• Nombre de lectures: 11
• Langue: English

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Federal Register/ Tuesday,70, No. 103/ NoticesMay 31, 2005/ Vol.

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CATEGORIES OF INDIVIDUALS COVERED BY THE the existence and character of theCredit Administration, McLean, VA SYSTEM : system of records for an Organization22102–5090. Locator and Personnel Roster. Current FCA employees. RECORD ACCESS PROCEDURES : DATES :Written comments should be CATEGORIES OF RECORDS IN THE SYSTEM : Same as above. received by June 30, 2005. The FCA Paper and electronic records. Includes filed a New System Report with CONTESTING RECORD PROCEDURES : information such as names; home Congress and the Office of Management addresses; telephone numbers; cell Same as above. and Budget on May 24, 2005. This phone numbers; official titles or notice will become effective without RECORD SOURCE CATEGORIES : positions and organizations; further publication on July 14, 2005, Information in this system of records photographs; and other information unless modified by a subsequent notice either comes from the individual to associated with identifying and to incorporate comments received from whom it applies or comes from contacting personnel. Locator records of the public. information supplied by Agency Agency personnel. ADDRESSES :Mail written comments to officials. AUTHORITY FOR MAINTENANCE OF THE SYSTEM : Debra Buccolo, Privacy Act Officer, EXEMPTIONS CLAIMED FOR THE SYSTEM : Farm Credit Administration, McLean, 12 U.S.C. 2243, 2252. Virginia 22102–5090. You may send None. PURPOSES : comments by e-mail to Dated: May 24, 2005. To contact and recall personnel when [e-mail]. Copies of all Jeanette C. Brinkley, required; locate personnel for routine communications received will be Secretary, Farm Credit Administration Board. and emergency matters; provide mail available for examination by interested [FR Doc. 05–10709 Filed 5–27–05; 8:45 am] distribution and forwarding addresses; parties in the offices of the Farm Credit compile a social roster for official and BILLING CODE 6705–01–P Administration. non-official functions; send personal FOR FURTHER INFORMATION CONTACT : greetings and invitations; and locate Debra Buccolo, Privacy Act Officer, individuals during medical FEDERAL RETIREMENT THRIFT Farm Credit Administration, McLean, emergencies, facility evacuations, and INVESTMENT BOARD Virginia 22102–5090, (703) 883–4022, similar threat situations. To identify TTY (703) 883–4020, or Agency personnel. Sunshine Act Meeting Jane Virga, Office of General Counsel, Farm Credit Administration, McLean, ROUTINE USES OF RECORDS MAINTAINED IN THE TIME AND DATE :2:30 p.m. (EDT), June 2, Virginia, 22102–5090, (703) 883–4071, SYSTEM , INCLUDING CATEGORIES OF USERS AND 2005. THE PURPOSES OF SUCH USES : TTY (703) 883–4020. PLACE :4th Floor Conference Room, See the‘‘General Statement of Routine SUPPLEMENTARY INFORMATION :This 1250 H Street, NW., Washington, DC. Uses.’’ publication satisfies the requirement of STATUS :Closed to the public. the Privacy Act of 1974 that agencies DISCLOSURE TO CONSUMER REPORTING MATTERS TO BE CONSIDERED : publish a system of records notice in the AGENCIES : Federal Registerwhen there is a Closed to the Public None. revision, change, or addition to the Procurement. system of records. As required by the POLICIES AND PRACTICES FOR STORING , RETRIEVING , ACCESSING , RETAINING , AND CONTACT PERSON FOR MORE INFORMATION : Privacy Act of 1974, the FCA has DISPOSING OF RECORDS IN THE SYSTEM : identified a new system of records. The Thomas J. Trabucco, Director, Office of External Affairs, (202) 942–1640. notice reflects designated points of STORAGE : contact for inquiring about the system, Information stored in hard copy and Dated: May 26, 2005. accessing the records, and requesting electronically. Elizabeth S. Woodruff, amendments to the records. Secretary to the Board, Federal Retirement RETRIEVABILITY : The new system of records is: FCA– Thrift Investment Board. 17, Organization Locator and Personnel Retrievable by name. [FR Doc. 05–10897 Filed 5–26–05; 2:04 pm] Roster. As required by 5 U.S.C. 552a(r) SAFEGUARDS : BILLING CODE 6760–01–P of the Privacy Act, as amended, the FCA Access is limited to those whose has sent notice of this proposed system official duties require access. File of records to the Office of Management cabinets and rooms are locked during FEDERAL TRADE COMMISSION and Budget, the Committee on non-duty hours. Computers are Government Reform of the House of [File No. 031 0181] protected by firewalls and passwords. Representatives, and the Committee on Governmental Affairs of the Senate. The RETENTION AND DISPOSAL : San Juan IPA, Inc.; Analysis of notice is published in its entirety below. Agreement Containing Consent Order In accordance with National Archives To Aid Public Comment and Records Administration General FCA–17 Records schedule requirements. AGENCY :Federal Trade Commission. SYSTEM NAME : SYSTEM MANAGER ( S ) ANDADDRESS : ACTION :Proposed consent agreement. Organization Locator and Personnel Director, Office of the Chief Roster System—FCA. SUMMARY :The consent agreement in this Information Officer, Farm Credit matter settles alleged violations of SECURITY CLASSIFICATION : Administration, McLean, VA 22102– federal law prohibiting unfair or None. 5090. deceptive acts or practices or unfair SYSTEM LOCATION : NOTIFICATION PROCEDURE : methods of competition. The attached Records are located at the Farm CreditDirect all inquiries about this systemAnalysis to Aid Public Comment Administration. ofrecords to: Privacy Act Officer, Farmdescribes both the allegations in the

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Federal Register/ Vol.70, No. 103/ Tuesday,May 31, 2005/ Notices

draft complaint and the terms of the SUPPLEMENTARY INFORMATION :Pursuant consentorder has been entered into for consent order—embodied in the consent settlement purposes only and does not to section 6(f) of the Federal Trade agreement—constitute an admission by San Juan IPAthat would settle theseCommission Act, 38 Stat. 721, 15 U.S.C. allegations. 46(f),and Sections 2.34 of the that it violated the law or that the facts Commission Rules of Practice, 16 CFRalleged in the complaint (other than DATES :Comments must be received on 2.34, notice is hereby given that the jurisdictional facts) are true. or before June 17, 2005. above-captioned consent agreement ADDRESSES :Interested parties are The Complaint containing a consent order to cease and invited to submit written comments. The allegations of the complaint are desist, having been filed with and Comments should refer to‘‘San Juan summarized below. accepted, subject to final approval, by IPA, Inc., File No. 031 0181,’’to San Juan IPA is an independent the Commission, has been placed on the facilitate the organization of comments. physician association (IPA) with public record for a period of thirty (30) A comment filed in paper form should approximately 120 physician members. days. The following Analysis to Aid include this reference both in the text San Juan IPA does business in the Public Comment describes the terms of and on the envelope, and should be Farmington, New Mexico, area, which is the consent agreement, and the mailed or delivered to the following located in the northwestern corner of allegations in the complaint. An address: Federal Trade Commission/ New Mexico. electronic copy of the full text of the Office of the Secretary, Room 159–H, San Juan IPA’s physician members consent agreement package can be 600 Pennsylvania Avenue, NW., account for approximately 80% of the obtained from the FTC Home Page (for Washington, DC 20580. Comments physicians independently practicing May 19, 2005), on the World Wide Web, containing confidential material must be (that is, those not employed by area athttp://www.ftc.gov/os/2005/05/ filed in paper form, must be clearly hospitals) in and around the Farmington index.htm.A paper copy can be labeled‘‘Confidential,’’and must area. To be marketable in the obtained from the FTC Public Reference comply with Commission Rule 4.9(c). Farmington area, a payor’s health Room, Room 130–H, 600 Pennsylvania 1 16 CFR 4.9(c) (2005).The FTC is insurance plan must have access to a Avenue, NW., Washington, DC 20580, requesting that any comment filed in large number of physicians who are either in person or by calling (202) 326– paper form be sent by courier or members of San Juan IPA. 2222. overnight service, if possible, because Although San Juan IPA purported to Public comments are invited, and may 2 U.S. postal mail in the Washington area operate as a‘‘messenger model’’ —that be filed with the Commission in either and at the Commission is subject to is, an arrangement that does not paper or electronic form. All comments delay due to heightened security facilitate horizontal agreements on should be filed as prescribed in the precautions. Comments that do not price—it engaged in various actions that ADDRESSES section above, and must be contain any nonpublic information may demonstrated or orchestrated such received on or before the date specified instead be filed in electronic form as agreements. San Juan IPA coordinated in the DATES section. part of or as an attachment to e-mail joint pricing among its physician messages directed to the following e- Analysis of Agreement Containing members in three ways. First, San Juan mail box:[e-mail]. Consent Order To Aid Public Comment IPA was a party to contracts that a joint The FTC Act and other laws the venture, in which San Juan IPA The Federal Trade Commission has Commission administers permit the participated, collectively negotiated on accepted, subject to final approval, an collection of public comments to behalf of San Juan IPA’s members. agreement containing a proposed consider and use in this proceeding as Second, San Juan IPA, on behalf of its consent order with San Juan IPA, Inc. appropriate. All timely and responsive physician members, collectively (San Juan IPA). The agreement settles public comments, whether filed in negotiated contracts for payment of charges that San Juan IPA violated paper or electronic form, will be physician services at full billed charges Section 5 of the Federal Trade considered by the Commission, and will less a 10% discount, made collective Commission Act, 15 U.S.C. 45, by be available to the public on the FTC demands, and refused to deal with orchestrating and implementing Web site, to the extent practicable, at payors. Finally, San Juan IPA agreements among physician members http://www.ftc.gov.As a matter of coordinated its members’responses to of San Juan IPA to fix prices and other discretion, the FTC makes every effort to payor offers for fixed-price contracts, by terms on which they would deal with remove home contact information for not transmitting certain offers to its health plans, and to refuse to deal with individuals from the public comments it physician members and collectively such purchasers except on collectively- receives before placing those comments demanding prices, on behalf of its determined terms. The proposed on the FTC website. More information, physician members, from these payors. consent order has been placed on the including routine uses permitted by the San Juan IPA succeeded in forcing public record for 30 days to receive Privacy Act, may be found in the FTC’s numerous health plans to raise the fees comments from interested persons. privacy policy, athttp://www.ftc.gov/ paid to its physician members, and Comments received during this period ftc/privacy.htm. thereby raised the cost of medical care will become part of the public record. FOR FURTHER INFORMATION CONTACT :  inthe Farmington area. San Juan IPA After 30 days, the Commission will Steve Vieux, Bureau of Competition, engaged in no efficiency-enhancing review the agreement and the comments 600 Pennsylvania Avenue, NW., integration sufficient to justify joint received, and decide whether it should Washington, DC 20580; (202) 326–2306. withdraw from the agreement or make 2 Some arrangements can facilitate contracting the proposed order final. 1 The comment must be accompanied by an between health care providers and payors without The purpose of this analysis is to explicit request for confidential treatment, fostering an illegal agreement among competing facilitate public comment on the including the factual and legal basis for the request, physicians on fees or fee-related terms. One such and must identify the specific portions of the proposed order. The analysis is not approach, sometimes referred to as a‘‘messenger comment to be withheld from the public record. model’’arrangement, is described in the 1996 intended to constitute an official The request will be granted or denied by the Statements of Antitrust Enforcement Policy in interpretation of the agreement and Commission’ Health Care jointly issued by the Federal Trade s General Counsel, consistent with proposed order, or to modify their terms applicable law and the public interest. See Commission and U.S. Department of Justice, at 125. Commission Rule 4.9(c), 16 CFR 4.9(c). in any way. Further, the proposed See http://www.ftc.gov/reports/hlth3s.htm#9.

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negotiation of fees. By orchestratingjointly to control costs and improveThe proposed order will expire in 20 agreements among its members to deal quality by managing the provision ofyears. only on collectively-determined terms, services. Second, any agreement By direction of the Commission, Chairman and actual or threatened refusals to deal concerning reimbursement or other Majoras not participating. with health plans that would not agree terms or conditions of dealing must be Donald S. Clark, to those terms, San Juan IPA violated reasonably necessary to obtain Secretary. Section 5 of the FTC Act. significant efficiencies through the joint [FR Doc. 05–10682 Filed 5–27–05; 8:45 am] arrangement. The Proposed Consent Order BILLING CODE 6750–01–P A‘‘qualified clinically-integrated joint The proposed order is designed to arrangement,’’on the other hand, need remedy the illegal conduct charged in not involve any sharing of financial risk. the complaint and prevent its DEPARTMENT OF HEALTH AND Instead, as defined in the proposed recurrence. It is similar to recent HUMAN SERVICES order, physician participants must consent orders that the Commission has participate in active and ongoing Food and Drug Administration issued to settle charges that physician programs to evaluate and modify their groups engaged in unlawful agreements clinical practice patterns in order to [Docket No. 2005N–0178] to raise fees they receive from health control costs and ensure the quality of plans. Agency Information Collection services provided, and the arrangement The proposed order’s specific Activities; Proposed Collection; must create a high degree of provisions are as follows: Comment Request; Regulations Under interdependence and cooperation Paragraph II.A prohibits San Juan IPA the Federal Import Milk Act among physicians. As with qualified from entering into or facilitating any risk-sharing arrangements, any agreement between or among any AGENCY :Food and Drug Administration, agreement concerning price or other physicians: (1) To negotiate with payors HHS. terms of dealing must be reasonably on any physician’s behalf; (2) to deal, ACTION :Notice. necessary to achieve the efficiency goals not to deal, or threaten not to deal with of the joint arrangement. payors; (3) on what terms to deal with SUMMARY :The Food and Drug Paragraph III, for three years, requires any payor; or (4) not to deal Administration (FDA) is announcing an San Juan IPA to notify the Commission individually with any payor, or to deal opportunity for public comment on the before participating in contracting with with any payor only through an proposed collection of certain health plans on behalf of a qualified arrangement involving San Juan IPA. information by the agency. Under the risk-sharing joint arrangement or a Other parts of Paragraph II reinforce Paperwork Reduction Act of 1995 (the qualified clinically-integrated joint these general prohibitions. Paragraph PRA), Federal agencies are required to arrangement. Paragraph III also sets out II.B prohibits San Juan IPA from publish notice in theFederal Register the information necessary to make the facilitating exchanges of information concerning each proposed collection of notification complete. between physicians concerning information, including each proposed Paragraph IV, for three years, requires whether, or on what terms, to contract extension of an existing collection of San Juan IPA to notify the Commission with a payor. Paragraph II.C bars information, and to allow 60 days for before entering into any arrangement to attempts to engage in any action public comment in response to the act as a messenger, or as an agent on prohibited by Paragraph II.A or II.B, and notice. This notice solicits comments on behalf of any physicians, with payors Paragraph II.D proscribes inducing reporting and recordkeeping regarding contracts. Paragraph IV also anyone to engage in any action requirements in implementing the sets out the information necessary to prohibited by Paragraphs II.A through Federal Import Milk Act (FIMA). make the notification complete. II.C. DATES :Submit written or electronic Paragraph V.A requires San Juan IPA As in other Commission orders comments on the collection of to distribute the complaint and order to addressing providers’collective information by August 1, 2005. all physicians who have participated in bargaining with health care purchasers, ADDRESSES :Submit electronic San Juan IPA, and to payors that certain kinds of agreements are comments on the collection of negotiated contracts with San Juan IPA excluded from the general bar on joint information to:http://www.fda.gov/ or indicated an interest in contracting negotiations. San Juan IPA would not be dockets/ecomments. Submit written with San Juan IPA. Paragraph V.B precluded from engaging in conduct comments on the collection of requires San Juan IPA, at any payor’s that is reasonably necessary to form or information to the Division of Dockets request and without penalty, or, at the participate in legitimate joint Management (HFA–305), Food and Drug latest, within one year after the order is contracting arrangements among Administration, 5630 Fishers Lane, rm. made final, to terminate its current competing physicians in a‘‘qualified 1061, Rockville, MD 20852. All contracts. Paragraph V.C requires San risk-sharing joint arrangement’’or a comments should be identified with the Juan IPA to distribute payor requests for ‘‘qualified clinically-integrated joint docket number found in brackets in the contract termination to all physicians arrangement.’’The arrangement, heading of this document. who participate in San Juan IPA. however, must not facilitate the refusal FOR FURTHER INFORMATION CONTACT : Paragraph V.D.1.b requires San Juan IPA of, or restrict, physicians in contracting Peggy Robbins, Office of Management to distribute the complaint and order to with payors outside of the arrangement. Programs (HFA–250), Food and Drug As defined in the proposed order, a any payors that negotiate contracts with Administration, 5600 Fishers Lane, ‘‘ San Juan IPA in the next three years. qualified risk-sharing joint Rockville, MD 20857, 301–827–1223. arrangement’’possesses two keyParagraphs VI and VII of the proposed characteristics. First, all physician order impose various obligations on San SUPPLEMENTARY INFORMATION :Under the participants must share substantialJuan IPA to report or provide access toPRA (44 U.S.C. 3501–3520), Federal financial risk through the arrangement,information to the Commission toagencies must obtain approval from the such that the arrangement createsfacilitate monitoring San Juan IPA’of Management and Budgets Office incentives for the physician participantscompliance with the order. (OMB) for each collection of

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