16144 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Notices

1 Glaxo’s Sumatriptan, marketed under the brand

name Imitrex, is currently on the market in the

U.S. to treat patients with migraine attacks. It is

available in the U.S. only in injectable form.

have counsel present regarding such

matters.

IX

It is further ordered that Respondent

shall notify the Commission at least

thirty (30) days prior to any proposed

change in Respondent such as

dissolution, assignment, sale resulting

in the emergence of a successor, or the

creation or dissolution of subsidiaries,

or any other change that may affect

compliance obligations arising out of

this Order.

Analysis of Proposed Consent Order To

Aid Public Comment

The Federal Trade Commission

(‘‘Commission’’) has accepted

provisionally an agreement containing a

proposed Consent Order from Glaxo plc

(‘‘Glaxo’’) under which Glaxo would be

required to divest worldwide assets

relating to the research and

development, manufacture, distribution

and sale of a therapeutic compound for

the treatment of migraine headaches

(‘‘Wellcome’s 311C90 Assets’’) to a

Commission-approved purchaser.

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.

Pursuant to an offer announced on

January 23, 1995, Glaxo, a British

company, will acquire all of the capital

stock of Wellcome plc (‘‘Wellcome’’), a

British company.

The proposed complaint alleges that

the proposed acquisition, if

consummated, would constitute a

violation of Section 7 of the Clayton

Act, as amended, 15 U.S.C. 18, and

Section 5 of the FTC Act, as amended,

15 U.S.C. 45, in the market for the

research and development of noninjectable 5HT1D agonists. 5HT1D

agonists are a specific class of drugs

known to act on receptors in the human

body that are responsible for migraine

attacks.

The proposed consent order would

remedy the alleged violation by

replacing the lost competition that

would result from the acquisition.

Under the proposed Consent Order,

Glaxo is required to provide technical

assistance and advice to assist the

purchaser of Wellcome’s 311C90 Assets

in obtaining FDA approval to

manufacture and sell non-injectable

5HT1D agonists. The proposed Order

also provides for a trustee to assure that

Glaxo appropriately divests the

Wellcome 311C90 Assets. If Glaxo fails

to divest the Wellcome 311C90 Assets

within nine months, then the trustee’s

authority may be extended to include

responsibility to divest either

Wellcome’s 311C90 Assets or Glaxo’s

Sumatriptan Assets.1 The potential that

the trustee could ultimately divest

Sumatriptan, a highly-valued product

already on the market to treat migraine,

ensures that Glaxo will exert all possible

efforts to divest Wellcome’s 311C90

Assets.

Under the provisions of the order,

Glaxo is also required to provide to the

Commission a report of compliance

with the divestiture provisions of the

order within sixty (60) days following

the date this order becomes final, and

every sixty (60) days thereafter until

Glaxo has completely divested its

interest in Wellcome’s 311C90 Assets.

The proposed Consent Order will also

prohibit Glaxo, for a period of ten (10)

years, from acquiring more than a one

percent interest in any entity involved

in, or any assets used for, the clinical

development or manufacture and sale of

non-injectable 5HT1D agonists either to

be approved by or already approved by

the Food and Drug Administration

(‘‘FDA’’) for the treatment of migraines.

One year from the date the Order

becomes final and annually thereafter

for nine (9) years, Glaxo will be required

to provide to the Commission a report

of its compliance with the Consent

Order. The Consent Order also requires

Glaxo to notify the Commission at least

thirty (30) days prior to any change in

the structure of Glaxo resulting in the

emergence of a successor.

The purpose of this analysis is to

facilitate public comment on the

proposed Order, and it 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. 95–7630 Filed 3–28–95; 8:45 am]

BILLING CODE 6750–01–M

[Filed No. 911 0095]

La Asociacion Medica de Puerto Rico,

et al.; Proposed Consent Agreement

With Analysis to Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed Consent Agreement.

SUMMARY: In settlement of alleged

violations of federal law prohibiting

unfair acts and practices and unfair

methods of competition, this consent

agreement, accepted subject to final

Commission approval, would prohibit,

among other things, the Medical

Association, the Physiatry Section, and

the two doctors from encouraging,

organizing or entering into: any boycott

or refusal to deal with any third-party

payer; or any agreement to refuse to

provide services to patients covered by

any third-party payer. In addition, the

consent agreement would prohibit, for

five years, the respondents from

soliciting information from physiatrists

regarding their decisions whether to

participate in agreements with insurers

and provide service; from passing such

information along to other doctors; and

from giving physiatrists advice about

making those decisions.

DATES: Comments must be received on

or before May 30, 1995.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 6th St. and Pa. Ave., NW.,

Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

Alan Loughnan or Alice Au, New York

Regional Office, Federal Trade

Commission, 150 William St., Suite

1300, New York, N.Y. 10038. (212) 264–

1207.

SUPPLEMENTARY INFORMATION: Pursuant

to Section 6(f) of the Federal Trade

Commission Act, 38 Stat. 721, 15 U.S.C.

46 and Section 2.34 of the Commission’s

Rules of Practice (16 CFR 2.34), notice

is hereby given that the following

consent agreement containing a consent

order to cease and desist, having been

filed with and accepted, subject to final

approval, by the Commission, has been

placed on the public record for a period

of sixty (60) days. Public comment is

invited. Such comments or views will

be considered by the Commission and

will be available for inspection and

copying at its principal office in

accordance with § 4.9(b)(6)(ii) of the

Commission’s Rules of Practice (16 CFR

4.9(b)(6)(ii)).

Agreement Containing Consent Order

To Cease and Desist

In the Matter of : La Asociacio ́ Me ́dica de

Puerto Rico, an unincorporated association,

La Seccio ́n de Fisiatrı ́a de La Asociacio ́n

Me ́dica de Puerto Rico, an unincorporated

association, Rafael L. Oms, M.D.,

individually and as an officer of La Seccio ́n

de Fisiatrı ́a de la Asociacio ́n Me ́dica de

Puerto Rico, and Rafael E. Seı ́n, M.D.,

individually and as an officer of La Seccio ́n

de Fisiatrı ́a de la Asociacio ́n Me ́dica de

Puerto Rico.
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Notices 16145

The Federal Trade Commission

having initiated an investigation of

certain acts and practices of La

Asociacio ́n Me ́dica de Puerto Rico, (‘‘La

Asociacio ́n 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. (‘‘Oms’’), individually and as

an officer of La Seccio ́n de Fisiatrı ́a de

la Asociacio ́n Me ́dica de Puerto Rico;

and Rafael E. Seı ́n, M.D. (‘‘Seı ́n’’),

individually and as an officer of La

Me ́dica de Fisiatrı ́a de la Asociacio ́n

Me ́dica de Puerto Rico (hereinafter

sometimes referred to as ‘‘proposed

respondents’’); and it now appearing

that the proposed respondents are

willing to enter into an agreement

containing an order to cease and desist

from the use of the acts and practices

being investigated, and providing for

other relief:

It is hereby agreed by and between the

proposed respondents, by their duly

authorized officers and their attorneys,

and counsel for the Federal Trade

Commission that:

1. Proposed respondents La

Asociacio ́n Me ́dica and La Seccio ́n de

Fisiatrı ́a are unincorporated associations

organized, existing, and doing business

under and by virtue of the laws of the

Commonwealth of Puerto Rico, with

their offices and principal place of

business at Ave. Ferna ́ndez Juncos

Num. 1305, Apartado 9387, Santurce,

Puerto Rico, 00908.

Proposed respondents Dr. Oms and

Dr. Seı ́n are physiatrists, licensed to

practice medicine in the

Commonwealth of Puerto Rico. Drs.

Oms and Seı ́n have at relevant times

been officers of La Seccio ́n de Fisiatrı ́a.

Dr. Oms’ business address is Palmas

Mail Station, Box 879, Suite 170,

Humacao, Puerto Rico, 00792, and Dr.

Seı ́n’s business address is 11746

Fernandez Juncos Station, San Juan,

Puerto Rico 00910–1746.

2. Proposed respondents admit all the

jurisdictional facts set forth in the draft

of complaint.

3. Proposed respondents waive:

(a) Any further procedural steps;

(b) The requirement that the

Commission’s decision contain a

statement of findings of fact and

conclusions of law;

(c) All rights to seek judicial review

or otherwise to challenge or contest the

validity of the order entered pursuant to

this agreement; and

(d) Any claim under the Equal Access

to Justice Act.

4. This agreement shall not become

part of the public record of the

proceeding unless and until it is

accepted by the Commission. If this

agreement is accepted by the

Commission, it, together with the draft

of complaint contemplated thereby, will

be placed on the public record for a

period of sixty (60) days and

information in respect thereto publicly

released. The Commission thereafter

may either withdraw its acceptance of

this agreement and so notify the

proposed respondents, in which event it

will take such action as it may consider

appropriate, or issue and serve its

complaint (in such form as the

circumstances may require) and

decision, in disposition of the

proceeding.

5. This agreement is for settlement

purposes only and does not constitute

an admission by proposed respondents

that the law has been violated as alleged

in the draft of complaint, or that the

facts as alleged in the draft complaint,

other than jurisdictional facts, are true.

6. This agreement contemplates that,

if it is accepted by the Commission, and

if such acceptance is not subsequently

withdrawn by the Commission pursuant

to the provisions of § 2.34 of the

Commission’s Rules, the Commission

may, without further notice to proposed

respondents: (1) Issue its complaint

corresponding in form and substance

with the draft of complaint and its

decision containing the following order

to cease and desist in disposition of the

proceeding; and (2) make information

public in respect thereto. When so

entered, the order to cease and desist

shall have the same force and effect and

may be altered, modified or set aside in

the same manner and within the same

time provided by statute for other

orders. The order shall become final

upon service. Delivery by the U.S.

Postal Service of the complaint and

decision containing the agreed-to order

to proposed respondents’ address as

stated in this agreement shall constitute

service. Proposed respondents waive

any right they may have to any other

manner of service. The complaint may

be used in construing the terms of the

order, and no agreement, understanding,

representation, or interpretation not

contained in the order or the agreement

may be used to vary or contradict the

terms of the order.

7. Proposed respondents have read

the draft of complaint and order

contemplated hereby. Proposed

respondents understand that once the

order has been issued, they will be

required to file one or more compliance

reports showing that they have fully

complied with the order. Proposed

respondents further understand that

they may be liable for civil penalties in

the amount provided by law for each

violation of the order after it becomes

final.

Order

I

It is ordered that, as used in this

order, the following definitions shall

apply:

A. ‘‘La Asociacio ́n Me ́dica’’ means La

Asociacio ́n Me ́dica de Puerto Rico, the

Medical Association of Puerto Rico, its

predecessors, sections, committees,

subsidiaries, divisions, groups, and

affiliates, and their respective directors,

officers, employees, agents, consultants,

and any other persons working for or on

behalf of the foregoing, and their

respective successors and assigns;

B. ‘‘La Seccio ́n de Fisiatrı ́a’’ means La

Seccio ́n de Fisiatrı ́a de la Asociacio ́n

Me ́dica de Puerto Rico, the Physiatry

Section of the Medical Association of

Puerto Rico, its predecessors, sections,

committees, subsidiaries, divisions,

groups, and affiliates and their

respective directors, officers, employees,

agents, consultants, and any other

persons working for or on behalf of the

foregoing, and their respective

successors and assigns;

C. ‘‘Rafael Oms’’ means Rafael L.

Oms, M.D., his agents, and employees;

D. ‘‘Rafael Seı ́n’’ means Rafael E. Seı ́n,

M.D., his agents, and employees;

E. ‘‘Third-party payer’’ means any

person or entity that provides a program

or plan pursuant to which such person

or entity agrees to pay for treatment by

physicians or therapists to individuals

described in the plan or program as

eligible for such coverage (‘‘Covered

Persons’’), and includes, but is not

limited to, health insurance companies;

prepaid hospital, medical, or other

health service plans, whether operated

by a private or governmental entity;

health maintenance organizations;

preferred provider organizations;

prescription service administrative

organizations; health benefits programs

for government employees, retirees, and

dependents; administrators of selfinsured health benefits programs; and

employers or other entities providing

self-insured health benefits programs;

and

F. ‘‘Participation agreement’’ means

any existing or proposed agreement, oral

or written, in which a third-party payer

agrees to reimburse a physician or

therapist for the provision of medical,

physical therapy, or other health-care

services to Covered Persons, and the

physician or therapist agrees to accept

such payment from the third-party

payer for such provision of medical,

physical therapy, or other health-care
16146 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Notices

services during the term of the

agreement.

II

It is further ordered that respondents,

directly or indirectly, or through any

corporate or other device, in or in

connection with their activities in or

affecting commerce, as ‘‘commerce’’ is

defined in Section 4 of the Federal

Trade Commission Act, 15 U.S.C. 44,

forthwith cease and desist from:

A. Entering into, threatening or

attempting to enter into, organizing or

attempting to organize, encouraging,

continuing, cooperating in or carrying

out any agreement, either express or

implied, between or among any

physiatrists, to boycott or refuse to deal

with any third-party payer, or to

withdraw from, threaten to withdraw

from, refuse to enter into, or threaten to

refuse to enter into any proposed or

existing participation agreement;

B. Entering into, threatening or

attempting to enter into, organizing or

attempting to organize, encouraging,

continuing, cooperating in or carrying

out any agreement, either express or

implied, between or among any

physiatrists, to refuse to provide

services to patients covered by any

third-party payer in any proposed or

existing participation agreement, or to

threaten to refuse to provide services to

such patients;

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

the date this order becomes final,

continuing a formal or informal meeting

of physiatrists after:

1. Any person makes any statement

concerning one or more physiatrists’

intentions or decisions with respect to

a. Entering into, refusing to enter into,

threatening to refuse to enter into,

participating in, threatening to

withdraw from, or withdrawing from

any existing or proposed participation

agreement; or

b. Refusing or threatening to refuse to

provide services to patients covered by

any third-party payer in any existing or

proposed participation agreement;

and respondents La Asociacio ́n Me ́edica

and La Seccio ́n de Fisiatrı ́a fail to eject

such person from the meeting; or

2. Two persons make statements

prohibited in order Paragraphs II.C.1.a.

or II.C.1.b.;

provided, however, that respondent

Oms or Seı ́n shall not be in violation of

the order if, immediately following a

violation of this paragraph of the order,

he leaves a meeting continued in

violation of this paragraph, and within

thirty (30) days after such meeting,

reports to the Commission the

circumstances of such meeting, the

substance and source of the prohibited

statements, and the respondents’ actions

in response thereto;

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

the date this order becomes final,

providing advice to any physiatrist

regarding

1. The desirability or appropriateness

of participating in any existing or

proposed participation agreement; or

2. Refusing or threatening to refuse to

provide services to patients covered by

any third-party payer in any existing or

proposed participation agreement;

provided, however, that nothing

contained in this Paragraph II.D. shall

prohibit respondents from

communicating purely factual

information describing the terms and

conditions of any participation

agreement or operations of any thirdparty payer;

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

the date this order becomes final,

communicating in any way to any

physiatrist any information concerning

any physiatrist’s intentions or decisions

with respect to

1. Entering into, refusing to enter into,

threatening to refuse to enter into,

participating in, threatening to

withdraw from, or withdrawing from

any existing or proposed participation

agreement; or

2. Refusing or threatening to refuse to

provide services to patients covered by

any third-party payer in any existing or

proposed participation agreement; or

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

the date this order becomes final,

soliciting from any physiatrist any

information concerning that

physiatrist’s or any other physiatrist’s

intentions or decisions with respect to

1. Entering into, refusing to enter into,

threatening to refuse to enter into,

participating in, threatening to

withdraw from, or withdrawing from

any existing or proposed participation

agreement;

2. Refusing or threatening to refuse to

provide services to patients covered by

any third-party payer in any existing or

proposed participation agreement.

Provided, however, that nothing in

this order shall be construed to prevent

respondents from exercising rights

permitted under the First Amendment

to the United States Constitution to

petition any federal, state, or

commonwealth government executive

agency or legislative body concerning

legislation, rules, programs, or

procedures, or to participate in any

federal, state or commonwealth

administrative or judicial proceeding;

Provided further that this order shall

not be construed to prohibit any

respondent or any member of

respondent associations from entering

into an agreement or combination with

any other physician or health care

practitioner with whom the individual

physician practices in partnership or in

a professional corporation, or who is

employed by the same person.

III

It is further ordered that this order

shall not be construed to prohibit

respondents Drs. Oms or Seı ́n from

communicating medical conditions or

personal assessments of individual

patients, where such communication

neither nor is part of (1) an agreement,

proposed agreement, or attempt to enter

into an agreement among physiatrists to

boycott or refuse to deal with any thirdparty payer, or (2) any other agreement,

combination, or conspiracy the purpose,

effect, or likely effect of which is to

impede competition unreasonably.

IV

It is further ordered that:

A. La Seccio ́n de Fisiatrı ́a, within

thirty (30) days after the date on which

this order becomes final, distribute by

first-class mail a copy of this order and

the accompanying compliant to each of

its current members, and to the last

known address of any other person who

was a member of La Seccio ́n de Fisiatrı ́a

in 1990 or 1991;

B. La Asociacio ́n Me ́dica, within

thirty (30) days after the date on which

this order becomes final, distribute by

first-class mail a copy of this order and

the accompanying complaint to each of

its current members who is not also a

member of La Seccio ́n de Fisiatrı ́a;

C. La Seccio ́n de Fisiatrı ́a, within

thirty (30) days after the date on which

this order becomes final, distribution by

first-class mail a copy of this order and

the accompanying complaint to each

third-party payer with whom La Seccio ́n

de Fisiatrı ́a has entered into

negotiations concerning the provision of

physiatry services;

D. La Asociacio ́n Me ́dica, within sixty

(60) days after the date on which this

order becomes final, publish in Spanish

this order and the accompanying

complaint in an issue of Prensa Me ́dica

or in any successor publication, in the

same type size normally used for

articles that are published in Prensa

Me ́dica or successor publication;

E. 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, provide each new

member of La Seccio ́n de Fisiatrı ́a and

new member of La Asociacio ́n Me ́dica

with a copy of this order at the time the

member is accepted into membership of
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]

BILLING CODE 6750–01–M