The American College of Radiology

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF THE AMERICAN COLLEGE OF RADIOLOGY MODIFYNG ORDER IN REGARD TO ALLGED VIOLATION OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT Docket C-2871. Conent Order, Mar. 1977-Modifying Order, Mar. , 1985' This order reopens the proceeding and modifies the Commission s consent order issued March 1 , 1977 (89 FTC 144) by allowing respondent to participate in discussions concerning other organizations' development of new or alternative types of health care financing, including those using relative value scales. ORDER REOPENING AND MODIFYNG FINAL ORDER By petition fied December 3, 1984, the American College of Radiology ("ACR") asked the Commission to reopen and modify the Commission order in Docket No. C-2871 entered by consent against ACR on March 1 , 1977 ("order ). ACR requested that the Commission modify the order by a) deleting paragraph lI(B) of the order which prohibits ACR from advising in favor of or against any relative value scale developed by third parties (except that ACR is permitted to provide historical data), and b) inserting a provision identical to a provision contained in the Commission s order in Michigan State Medical Society, Docket No. 9129 , 101 FTC 191 (1983) Michigan State that would allow ACR more freedom to discuss issues relating to reimbursement with third-party payers and governmental entities. ACR' s petition was placed on the public record and no comments were received.

Upon consideration of ACR's petition and other relevant information, the Commission finds that the public interest would be served by deleting paragraph lI(B) of the order and by inserting the relevant provision contained in the order in Michigan State. The Commission order against the American College of Obstetricians and Gynecolo- ) in Docket No. 2855 is similar to the AGR order, andgists ("ACOG" the Commission recently reopened and modified the AGOG order finding that its restriction on ACOG's ability to discuss relative value scales with third-party payers and governmental entities has caused injury to ACOG and the public that outweighed any benefit that might I This matter was inadvertntly omitted from the Federal Trade Commission Decisions-Volume 105. AMERICAN COLLEGE OF RADIOLOGY 281 280 Modifying Order be derived from the restriction. ACR's petition is based on ACOG' petition and the Commission has determined that its finding in ACOG is applicable to ACR. Accordingly, the Commission has modified the A CR order in the same manner as it modified the A COG order. The modification is also consistent with the Commission s decision in Michigan State.

The order continues to prohibit ACR from developing or circulati'g its own relative value guide for use by its members. In addition although the order no longer will prohibit ACR from discussing relative value scales with governmental entities and third-party payers, serious antitrust concerns would arise were ACR to negotiate or attempt to negotiate an agreement with any such party or engage in any type of coercive activity to effect such an agreement. Accordingly, it is ordered that this matter be, and it hereby is reopened and that the order in Docket No. C-2871 be modified 1) to delete paragraph lI(B) and to redesignate paragraphs lI(C) and lI(D) ofthe order as paragraphs lI(B) and lI(C) respectively; 2) to renumber paragraphs II, IV and V of the order as paragraphs IV, V and VI respectively; and 3) to insert the following: It is further ordered That this order shall not be construed to prevent ACR from:

A. Exercising rights permitted under the First Amendment to the United States Constitution to petition any federal or state government, executive agency, or legislative body concerning legislation, rules or procedures, or to participate in any federal or state administrative or judicial proceeding. B. Providing information or views, on its own behalf or on behalf of its members, to third-party payers concerning any issue, including reimbursement.

Decision and Order 113 F.