The success of PPACA (Obamacare) depends heavily on innovative delivery systems such as ACOs.
With the health care industry there is lot of chatter and lots of thinking about how these innovations can be achieved.
One problem though. Over the past couple of decades the federal government (Congress, FTC, Justice) have been concerned about anti-competitive actions. The Stark legislation (I, II, III) and antikickback statutes add to the mix (being a health care transaction lawyer has been and will be very lucrative).
There is much concern about innovating organizations into trouble, and the possible considerable costs if all parties in a transactions have to buy legal assurance each step of the way.
Suggested solutions include "safe harbor" rules (a big help with Stark) or perhaps an omnibus pre-screening mechanism.
Innovation can be very complicated.
Further recommended reading: Modern Healthcare and other major journals and newsletters
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