34424 Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 / Notices

1Statements of Antitrust Enforcement Policy in

Health Care, issued August 28, 1996, 4 Trade Reg.

Rep. (CCH) ¶ 13,153.

depriving consumers of the benefits of

competition among physicians,

increasing the prices that consumers

pay for physician services and medical

insurance coverage, and depriving

consumers of the benefits of managed

care.

The Proposed Consent Order

The proposed consent order is

designed to prevent the illegal concerted

action alleged in the complaint, while

allowing MDP to engage in legitimate

joint conduct. Section II of the proposed

order contains the core operative

provisions. It prohibits MDP from: (1)

Engaging in collective negotiations on

behalf of its members; (2) orchestrating

concerted refusals to deal; (3) fixing

prices, or any other terms, on which its

members deal; and (4) encouraging or

pressuring others to engage in any

activities prohibited by the order.

Section II includes a proviso allowing

MDP to engage in conduct (including

collectively determining reimbursement

and other terms of contracts with

payers) that is reasonably necessary to

operate (a) any ‘‘qualified risk-sharing

joint arrangement,’’ or (b) provided MDP

complies with the order’s prior

notification requirements, any

‘‘qualified clinically integrated joint

arrangement.’’ The proviso addresses

the arrangements that MDP may enter

into, rather than the overall nature of

the group, because a physician group

may enter into legitimate arrangements

with some third-party payers but engage

in illegal conduct with respect to others.

For the purposes of the order, a

‘‘qualified risk-sharing joint

arrangement’’ must satisfy two

conditions. First, it must be one in

which participating physicians share

substantial financial risk. The order lists

ways in which physicians might share

financial risk. These track the four types

of financial risk sharing set forth in the

Statements of Antitrust Enforcement

Policy in Health Care, issued jointly by

the FTC and the Department of Justice.1

Second, to be a ‘‘qualified’’ risk

sharing arrangement, the arrangement

must also be non-exclusive, both in

name and in fact. An arrangement that

either restricts the ability of

participating physicians to contract

outside the arrangement (individually or

through other networks) with thirdparty payers, or facilitates refusals to

deal outside the arrangement by

participating physicians, does not fall

within the proviso. Although exclusive

physician joint arrangements are not

necessarily anticompetitive, they can

impair competition, particularly when

they include a large portion of the

physicians in a market. In light of

MDP’s large share of the physician

market, this definition does not permit

MDP to form exclusive arrangements.

A ‘‘qualified clinically integrated joint

arrangement’’ includes arrangements in

which the physicians undertake

cooperative activities to achieve

efficiencies in the delivery of clinical

services, without necessarily sharing

substantial financial risk. For purposes

of the order, such arrangements are ones

in which the participating physicians

have a high degree of interdependence

and cooperation through their use of

programs to evaluate and modify their

clinical practice patterns, in order to

control costs and assure the quality of

physician services provided through the

arrangement. As with risk-sharing

arrangements, the definition of

clinically integrated arrangement

reflects the analysis contained in the

1996 FTC/DOJ Statements of Antitrust

Enforcement Policy in Health Care. In

addition, as with risk-sharing

arrangements, the arrangement must be

non-exclusive in light of MDP’s large

share of the market. In drafting the

definition of clinically integrated

arrangements, the Agencies sought to be

flexible due to the wide range of

providers who may participate, types of

clinical integration possible, and

efficiencies available. Consequently, the

definition of a clinically integrated

arrangements is by necessity less precise

than that of a risk sharing arrangement.

In order for a qualified clinically

integrated joint arrangement to fall

within the proviso, MDP must comply

with the order’s requirements for prior

notification. The prior notification

mechanism will allow the Commission

to evaluate a specific proposed

arrangement and assess its likely

competitive impact, in order to help

guard against the recurrence of acts and

practices that have restrained

competition and consumer choice.

Section III requires that MDP notify

its members and certain third-parties

about the order. In addition, MDP must,

for the next five years, distribute copies

of the complaint and order to new

members and annually publish the

complaint and order in any annual

report or newsletter sent to MDP

members.

Sections IV, V, and VI consist of

various reporting procedures, consistent

with those found in other Commission

consent orders, that are designed to

assist the Commission in monitoring

compliance with the order.

Finally, section VII terminates the

order twenty years after the date it is

issued, in accordance with Commission

policy.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 98–16821 Filed 6–23–98; 8:45 am]

BILLING CODE 6750–01–M

GENERAL SERVICES

ADMINISTRATION

[OMB Control No. 3090–0197]

Submission for OMB Review;

Comment Request Entitled Service

Contracting

AGENCY: Office of Acquisition Policy,

GSA.

ACTION: Notice of request for public

comments regarding reinstatement to a

previously approved OMB clearance

(3090–0197).

SUMMARY: Under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. Chapter 35), the Office of

Acquisition Policy has submitted to the

Office of Management and Budget

(OMB) a request to review and approve

a reinstatement of a previously

approved information collection

requirement concerning Service

Contracting. A request for public

comments was published at 63 FR

19920, April 22, 1998. No comments

were received.

DATES: Comment Due Date: July 24,

1998.

FOR FURTHER INFORMATION CONTACT:

Al Matera, Office of GSA Acquisition

Policy (202) 501–1224.

ADDRESSES: Comments regarding this

burden estimate or any other aspect of

this collection of information, including

suggestions for reducing this burden,

should be submitted to: Edward

Springer, GSA Desk Officer, Room 3235,

NEOB, Washington, DC 20503, and to

Marjorie Ashby, General Services

Administration (MVP), 1800 F Street

NW., Washington, DC 20405.

SUPPLEMENTARY INFORMATION:

A. Purpose

The GSA is requesting the Office of

Management and Budget (OMB) to

reinstate information collection 3090–

0197, Service Contracting. This

information collection is necessary to

determine whether a prospective

contractor is responsible by obtaining

information regarding financial and

other capabilities of the prospective

contractor.
Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 / Notices 34425

B. Annual Reporting Burden

Respondents: 2,200; annual

responses: 2,200; average hours per

response: 1; burden hours: 2,200.

Copy of proposal

A copy of this proposal may be

obtained from the GSA Acquisition

Policy Division (MVP), Room 4011, GSA

Building, 1800 F Street NW.,

Washington, DC 20405, or by

telephoning (202) 501–3822, or by

faxing your request to (202) 501–3341.

Dated: June 16, 1998.

Ida M. Ustad,

Deputy Associate Administrator for

Acquisition Policy.

[FR Doc. 98–16724 Filed 6–23–98; 8:45 am]

BILLING CODE 6820–61–M

GENERAL SERVICES

ADMINISTRATION

[OMB Control No. 3090–0200]

Submission for OMB Review;

Comment Request Entitled Sealed

Bidding

AGENCY: Office of Acquisition Policy,

GSA.

ACTION: Notice of request for public

comments regarding reinstatement to a

previously approved OMB clearance

(3090–0200).

SUMMARY: Under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. Chapter 35), the Office of

Acquisition Policy has submitted to the

Office of Management and Budget

(OMB) a request to review and approve

a reinstatement of a previously

approved information collection

requirement concerning Sealed Bidding.

A request for public comments was

published at 63 FR 19921, April 22,

1998. No comments were received.

DATES: Comment Due Date: July 24,

1998.

FOR FURTHER INFORMATION CONTACT: Al

Matera, Office of GSA Acquisition

Policy (202) 501–1224.

ADDRESSES: Comments regarding this

burden estimate or any other aspect of

this collection of information, including

suggestions for reducing this burden,

should be submitted to: Edward

Springer, GSA Desk Officer, Room 3235,

NEOB, Washington, DC 20503, and to

Marjorie Ashby, General Services

Administration (MVP), 1800 F Street

NW, Washington, DC 20405.

SUPPLEMENTARY INFORMATION:

A. Purpose

The GSA is requesting the Office of

Management and Budget (OMB) to

reinstate information collection, 3099–

0200, Sealed Bidding. The information

requested regarding an offeror’s monthly

production capability is needed to make

progressive awards to ensure coverage

of stock items.

B. Annual Reporting Burden

Respondents: 20; annual responses:

20; average hours per response: .10;

burden hours: 3.3.

Copy of Proposal

A copy of this proposal may be

obtained from the GSA Acquisition

Policy Division (MVP), Room 4011, GSA

Building, 1800 F Street NW,

Washington, DC 20405, or by

telephoning (202) 501–3822, or by

faxing your request to (202) 501–3342.

Dated: June 16, 1998.

Ida M. Ustad,

Deputy Associate Administrator for

Acquisition Policy.

[FR Doc. 98–16727 Filed 6–23–98; 8:45 am]

BILLING CODE 6820–61–M

GENERAL SERVICES

ADMINISTRATION

[OMB Control No. 3090–0227]

Submission for OMB Review;

Comment Request Entitled

Termination Liability Schedule

AGENCY: Office of Acquisition Policy,

GSA.

ACTION: Notice of request for public

comments regarding reinstatement to a

previously approved OMB clearance

(3090–0227).

SUMMARY: Under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. Chapter 35), the Office of

Acquisition Policy has submitted to the

Office of Management and Budget

(OMB) a request to review and approve

a reinstatement of a previously

approved information collection

requirement concerning Termination

Liability Schedule. A request for public

comments was published at 63 FR

19920, April 22, 1998. No comments

were received.

DATES: Comment Due Date: July 24,

1998.

FOR FURTHER INFORMATION CONTACT:

Al Matera, Office of GSA Acquisition

Policy (202) 501–1224.

ADDRESSES: Comments regarding this

burden estimate or any other aspect of

this collection of information, including

suggestions for reducing this burden,

should be submitted to: Edward

Springer, GSA Desk Officer, Room 3235,

NEOB, Washington, DC 20503, and to

Marjorie Ashby, General Services

Administration (MVP), 1800 F Street

NW., Washington, DC 20405.

SUPPLEMENTARY INFORMATION:

A. Purpose

The GSA is requesting the Office of

Management and Budget (OMB) to

reinstate information collection 3090–

0227, Termination Liability Schedule.

This information would permit offers on

contracts for the Information

Technology Fund to submit a schedule

of cancellation charges. Use of

Termination Liability provisions, a

standard industry practice, equalizes the

interconnects competitive position

relative to the carriers, saving money

and increasing competition.

B. Annual Reporting Burden

Respondents: 60; annual responses:

60; average hours per response: 2.5;

burden hours: 150.

Copy of Proposal

A copy of this proposal may be

obtained from the GSA Acquisition

Policy Division (MVP), Room 4011, GSA

Building, 1800 F Street NW.,

Washington, DC 20405, or by

telephoning (202) 501–3822, or by

faxing your request to (202) 501–3341.

Dated: June 16, 1998.

Ida M. Ustad,

Deputy Associate Administrator for

Acquisition Policy.

[FR Doc. 98–16722 Filed 6–23–98; 8:45 am]

BILLING CODE 6820–61–M

GENERAL SERVICES

ADMINISTRATION

[OMB Control No. 3090–0250]

Submission for OMB Review;

Comment Request Entitled Zero

Burden Information Collection Reports

AGENCY: Office of Acquisition Policy,

GSA.

ACTION: Notice of request for public

comments regarding reinstatement to a

previously approved OMB Clearance

3090–0250, Zero Burden Information

Collection Reports.

SUMMARY: Under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. Chapter 35), the Office of

Acquisition Policy has submitted to the

Office of Management and Budget

(OMB) a request to review and approve

a reinstatement of a previously

approved information collection

requirement concerning Zero Burden

Information Collection Reports. GSA

proposed to use a single, general control