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1
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DECISION AND ORDER
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EXTRACTED KEY WORDS
COMMISSION ARRANGEMENT PHYSICIAN COMPLAINT AGREEMENT PROVISION ANESTHESIA SERVICES EMPLOYEES PARTICIPATING CONSENT AGREEMENT SERVICE MEDICAL GROUP PRACTICES JOINT ARRANGEMENT CONTROL JURISDICTION ACT FEDERAL TRADE COMMISSION DIRECTORS SUCCESSORS REPRESENTATIVES MATTER JURISDICTIONAL FACTS COUNSEL VIOLATIONS THEREAFTER COMPLIANCE PARAGRAPH QUALIFIED CLINICALLY-INTEGRATED JOINT REIMBURSEMENT |
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
COMMISSIONERS: Timothy J. Muris, Chairman
Sheila F. Anthony
Mozelle W. Thompson
Orson Swindle
Thomas B. Leary
)
In the Matter of ) Docket No. C-
)
ANESTHESIA SERVICE MEDICAL )
GROUP, INC., )
a corporation. )
)
DECISION AND ORDER
The Federal Trade Commission ("Commission") having initiated an investigation of
certain acts and practices of Anesthesia Service Medical Group, Inc., hereinafter sometimes
referred to as "Respondent," and Respondent having been furnished thereafter with a copy of the
draft of Complaint that the Commission staff proposed to present to the Commission for its
consideration and which, if issued, would charge Respondent with violations of Section 5 of the
Federal Trade Commission Act, as amended, 15 U.S.C. § 45; and
Respondent, its attorney, and counsel for the Commission having thereafter executed an
Agreement Containing Consent Order to Cease and Desist ("Consent Agreement"), containing an
admission by Respondent of all the jurisdictional facts set forth in the aforesaid draft of
Complaint, a statement that the signing of said Consent Agreement is for settlement purposes
only and does not constitute an admission by Respondent that the law has been violated as
alleged in such Complaint, or that the facts as alleged in such Complaint, other than jurisdictional
facts, are true, and waivers and other provisions as required by the Commission's Rules; and
The Commission having thereafter considered the matter and having determined that it
had reason to believe that Respondent has violated the said Act, and that a Complaint should
issue stating its charges in that respect, and having accepted the executed Consent Agreement
and placed such Consent Agreement on the public record for a period of thirty (30) days for the
receipt and consideration of public comments, now in further conformity with the procedure
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2
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COMPLAINT
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EXTRACTED KEY WORDS
HOSPITALS ASMG GAS PARAGRAPH STIPEND COMPETITION PATIENTS ACT SAN DIEGO CALIFORNIA UNINSURED EMERGENCY ROOM SAN DIEGO COUNTY RESPONDENT FEDERAL TRADE COMMISSION STIPEND AMOUNT HOSPITALS PAY RENDERING SERVICES SURGERY BUSINESS FTC ACT GENERAL ACUTE CARE RESTRAIN FEES RELEVANT TIMES PRACTICES NEGOTIATING DEMAND AGREEMENTS COMPETITIVELY SIGNIFICANT TERMS |
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
)
In the Matter of ) DOCKET NO. C-
)
ANESTHESIA SERVICE MEDICAL )
GROUP, INC., )
a corporation. )
)
COMPLAINT
The Federal Trade Commission ("Commission"), having reason to believe that
Anesthesia Service Medical Group, Inc., a California corporation, ("Respondent" or "ASMG")
has violated Section 5 of the Federal Trade Commission Act ("FTC Act"), as amended, 15
U.S.C. § 45, and it appearing to the Commission that this proceeding is in the public interest,
alleges:
PARAGRAPH 1: Anesthesia Service Medical Group, Inc. ("ASMG") is a professional
corporation organized, existing, and doing business under and by virtue of the laws of the State
of California, with its office and principal place of business located at 3626 Ruffin Road, San
Diego, CA 92123. ASMG employs approximately 180 anesthesiologists.
PARAGRAPH 2: Grossmont Anesthesia Services Medical Group, Inc. ("GAS") is a
professional corporation organized, existing, and doing business under and by virtue of the laws
of the State of California, with its office and principal place of business located at 5101 Garfield
Street, La Mesa, CA 91941. GAS is composed of approximately 10 anesthesiologists.
PARAGRAPH 3: At all times relevant to this Complaint, ASMG and GAS have provided, and
do provide, anesthesia services for a fee to patients in San Diego County, California.
PARAGRAPH 4: Except to the extent that competition has been restrained as alleged in this
Complaint, ASMG and GAS have competed, and do compete, with each other to provide
anesthesia services in San Diego County, California.
PARAGRAPH 5: ASMG and GAS anesthesiologists are, or have been, members of the medical
staff of Grossmont Hospital in La Mesa, a municipality in central San Diego County, California.
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3
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ANALYSIS
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EXTRACTED KEY WORDS
HOSPITALS AGREEMENT STIPEND ASMG GAS RESPONDENT JOINT ARRANGEMENT PATIENTS COMPETING PARAGRAPH CONSENT ORDER COMPETITIVELY SIGNIFICANT TERMS PROVISION PRACTICE REIMBURSEMENT SURGERY CARE FEES COMMISSION AMOUNT CONTROL SAN DIEGO COUNTY COMPLAINT FACILITATING QUALIFIED CLINICALLY-INTEGRATED JOINT NEGOTIATING REFUSE UNINSURED PATIENTS HOSPITALS PAY ANESTHESIOLOGISTS |
ANALYSIS OF AGREEMENT CONTAINING
CONSENT ORDER TO AID PUBLIC COMMENT
In the Matter of Anesthesia Service Medical Group, Inc.
File No. 021 0006
The Federal Trade Commission ("Commission") has accepted, subject to final approval,
an agreement containing a proposed consent order with Anesthesia Service Medical Group, Inc.
("ASMG" or "Respondent"). The agreement settles charges that Respondent violated Section 5
of the Federal Trade Commission Act, 15 U.S.C. § 45, by facilitating and implementing
agreements with Grossmont Anesthesia Services Medical Group, Inc. ("GAS") on fees, quantity
of anesthesia services provided, and other competitively significant terms. The proposed consent
order has been placed on the public record for 30 days to receive comments from interested
persons. Comments received during this period will become part of the public record. After 30
days, the Commission will review the agreement and the comments received, and will decide
whether it should withdraw from the agreement or make the proposed order final.
The purpose of this analysis is to facilitate public comment on the proposed order. The
analysis is not intended to constitute an official interpretation of the agreement and proposed
order, or to modify their terms in any way. Further, the proposed consent order has been entered
into for settlement purposes only and does not constitute an admission by any Respondent that
said Respondent violated the law or that the facts alleged in the complaint (other than
jurisdictional facts) are true.
The Complaint Allegations
ASMG and GAS are competing anesthesiology groups that provide anesthesia services
for a fee to patients in San Diego County, California. ASMG employs approximately 180
anesthesiologists. GAS is composed of approximately 10 anesthesiologists. ASMG and GAS
anesthesiologists are members of the medical staff of Grossmont Hospital in La Mesa, a
municipality in central San Diego County, California. ASMG and GAS anesthesiologists make
up approximately 75 percent of the anesthesiologists with active medical staff privileges at
Grossmont Hospital and work on approximately 70 percent of the cases that require anesthesia
services at the hospital.
Anesthesiologists provide anesthesia services to patients primarily at general acute care
hospitals and outpatient surgery centers. Those services include evaluating a patient before
surgery, consulting with the surgical team, providing pain control and support-of-life functions
during surgery, supervising care after surgery in the recovery unit, and medically discharging the
patient from the recovery unit. In addition to working on scheduled surgical procedures,
anesthesiologists work on unscheduled obstetric and emergency cases at general acute care
hospitals. An anesthesiologist who remains available to work on unscheduled cases is said to be
"taking call."
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4
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AGREEMENT CONTAINING CONSENT
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EXTRACTED KEY WORDS
CONSENT AGREEMENT COMMISSION COMPLAINT DRAFT ACCEPTANCE CONTEMPLATES PROCEEDING LAW ACTS COMMISSION RULE FACTS VIOLATION DISPOSITION SERVE WITHDRAW RESPECT THERETO PUBLIC RECORD BUSINESS HEREBY RELIEF CEASE PRACTICES FEDERAL TRADE COMMISSION COMPLIANCE MANNER SET ASIDE SUBSTANCE PROVISIONS COMMISSION PURSUANT |
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
)
In the Matter of ) FILE NO. 021 0006
)
ANESTHESIA SERVICE MEDICAL )
GROUP, INC., )
a corporation. )
)
AGREEMENT CONTAINING CONSENT
ORDER TO CEASE AND DESIST
The Federal Trade Commission ("Commission"), having initiated an investigation of
certain acts and practices of Anesthesia Service Medical Group, Inc., a corporation, hereinafter
sometimes referred to as "Proposed Respondent," and it now appearing that Proposed
Respondent is willing to enter into an Agreement Containing Consent Order to Cease and Desist
("Consent Agreement") from certain acts and practices, and providing for other relief,
IT IS HEREBY AGREED by and between Proposed Respondent and its attorney, and
counsel for the Commission that:
1. Proposed Respondent Anesthesia Service Medical Group, Inc. ("ASMG") is a
professional corporation organized, existing, and doing business under and by virtue of the laws
of the State of California, with its office and principal place of business located at 3626 Ruffin
Road, San Diego, CA 92123.
2. Proposed Respondent admits all the jurisdictional facts set forth in the
Complaint here attached.
3. Proposed Respondent waives:
(a) any further procedural steps;
(b) the requirement that the Commission's Decision and Order
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