Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Notices 16147

La Seccio ́n de Fisiatrı ́a or La Asociacio ́n

Me ́dica;

F. La Seccio ́n de Fisiatrı ́a and La

Asociacio ́n Me ́dica each file a verified,

written report with the Commission

within ninety (90) days after the date on

which this order becomes final, and

annually thereafter for five (5) years on

the anniversary of the date on which

this order becomes final, and at such

other times as the Commission may

require, by written notice to La Seccio ́n

de Fisiatrı ́a or La Asociacio ́n Me ́dica,

setting forth in detail the manner and

form in which it has complied and is

complying with this order;

G. La Seccio ́n de Fisiatrı ́a and La

Asociacio ́n Me ́dica for a period of five

(5) years after the date on which this

order becomes final, maintain and make

available to Commission staff, for

inspection and copying upon reasonable

notice, records sufficient to describe in

detail any action taken in connection

with the activities covered by Parts II

and IV of this order;

H. For a period of five (5) years after

the date on which this order becomes

final, La Seccio ́n de Fisiatrı ́a and La

Asociacio ́n Me ́dica notify the

Commission at least thirty (30) days

prior to any proposed change in La

Seccio ́n de Fisiatrı ́a or La Asociacio ́n

Me ́dica, such as dissolution,

assignment, or sale resulting in the

emergence of a successor corporation or

association, a change of name, a change

of address, or any other change that may

affect compliance obligations with this

order.

It is further ordered that this order

shall terminate on March 30, 2015.

Analysis of Proposed Consent Order to

Aid Public Comment

The Federal Trade Commission has

accepted an agreement to a proposed

consent order from La Asociacio ́n

Me ́dica de Puerto Rico (‘‘La Asociacio ́

Me ́dica’’), an unincorporated

association; La Seccio ́n de Fisiatrı ́a de la

Asociacio ́n Me ́dica de Puerto Rico (‘‘La

Seccio ́n de Fisiatrı ́a’’), an

unincorporated association; Rafael L.

Oms, M.D.; and Rafael E. Seı ́n, M.D.

The proposed consent order has been

placed on the public record for sixty

(60) days for reception of comments by

interested persons. Comments received

during this period will become part of

the public record. After sixty (60) days,

the Commission will again review the

agreement and the comments received

and will decide whether it should

withdraw from the agreement or make

final the agreement’s proposed order.

The complaint alleges that La

Asociacio ́n Me ́dica, La Seccio ́n de

Fisiatrı ́a, Dr. Oms, Dr. Seı ́n, and others

have restrained competition among

physiatrists by conspiring to engage in

a concerted refusal to deal with La

Administracio ́n de Compensaciones por

Accidentes de Automo ́viles

(‘‘Administration for Compensation of

Automobile Accidents’’ or ‘‘ACAA’’) or

to treat ACAA Patients. ACAA is a

third-party payer that provides health

coverage to automobile accident victims

in Puerto Rico. The complaint alleges

that this conduct violates section 5 of

the Federal Trade Commission Act.

The respondents have signed a

consent agreement that prohibits them

from engaging in unlawful concerted

action. Paragraph A of Section II

prohibits the respondents from entering

into, threatening or attempting to enter

into, organizing or attempting to

organize, encouraging, continuing,

cooperating, in, or carrying out any

agreement with an insurer. Paragraph B

is similar to Paragraph A, but prohibits

refusals or threats to refuse to provide

services to patients covered by any

insurer. The complaint alleges that the

physiatrists attempted to coerce ACAA

through a concerted refusal to treat

certain patients insured by ACAA.

Paragraphs C, D, E, and F of Section

II are fencing-in paragraphs intended to

prevent the respondents from engaging

in actions that might in the future

facilitate a concerted refusal to deal

with an insurer of covered patients. The

fencing-in provisions of Section II shall

terminate five years after the date of

issuance of the order. Paragraph C

prohibits the respondents from

continuing any meeting of physiatrists

at which any person makes a statement

about intentions or decisions with

respect to entry into, withdrawal from,

or refusal to provide services to patients

in connection with any participation

agreement, unless such person is ejected

from he meeting by La Asociacio ́n

Me ́dica and La Seccio ́n de Fisiatrı ́a.

Paragraph C also prohibits respondents

from continuing any meeting at which

two persons make such statements.

Although Drs. Oms and Seı ́bn are not

required to eject a person from a

meeting, Drs. Oms and Seı ́n are required

to leave any meeting at which any

person makes a statement about

intentions or decision with respect to

entry into, withdrawal from, or refusal

to provide services to patients in

connection with any participation

agreements, unless such person is

ejected from the meeting by La

Asociatio ́n Me ́dica and La Seccio ́n de

FisiatrıÉ; or at which two persons makes

such statements. After Drs. Oms and

Seı ́n leave such a meeting, they re

required to report to the Commission

the circumstances of the meeting.

Paragraph D of Section II prohibits

respondents from providing advice to

any physiatrist on the desirability or

appropriateness of participating in or

refusing to provide services to patients

covered by any insurer’s program (but

permits purely factual communications

describing the terms of a participation

agreement). Paragraph E prohibits

respondents from communication to any

physiatrist information concerning any

other physiatrist’s intention or decision

with respect to entry into, withdrawal

from, or refusal to provide services to

patients covered by any participation

agreement. Paragraph F prohibits

respondents from soliciting information

from any physiatrist concerning that

person’s or any other physiatrist’s

intention or decision with respect to

entry into, withdrawal from, or refusal

to provide services to patients covered

by any participation agreement.

Section II contains a provision stating

that the order does not impair

respondents’ First Amendment rights to

petition the government. Section I also

contains another proviso stating that the

order does not prevent respondents or

association members from forming

physician partnerships or professional

corporations.

Section III of the proposed order

makes clear that the order does not

prevent individual respondents Drs.

Oms or Seı ́n from communicating

medical conditions or personal

assessments of individual patients,

where such communication neither

constitutes nor is part of (1) an

agreement among physiatrists to boycott

or refuse to deal with any third-party

payer, or (2) any other agreement,

combination, or conspiracy the purpose,

effect, or likely effect of which is to

impede competition unreasonably.

Secion IV of the proposed order

contains standard notification and

compliance provisions. These

notification, reporting, and record

keeping requirements apply only to La

Asociacio ́n Me ́dica and La Seccio ́n de

Fisiatrı ́a.

Finally, Section V of the proposed

order contains a twenty year ‘‘sunset’’

provision. Under this section, the terms

of the order shall terminate twenty years

after the date of issuance of the order.

The purpose of this analysis is to

facilitate public comment on the

proposed order, and it is not intended

to constitute an official interpretation of

the agreement and proposed order or to

modify in any way their terms.

Donald S. Clark,

Secretary.

[FR Doc. 95–7631 Filed 3–28–95; 8:45 am]

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