DOJ Antitrust Division, Business Review Request Letter 93-11, National Cardiovascular Network Inc. (NCN) (1993)
Suite 800
700 13th Street NW
Washington, D.C. 20005
June 2, 1993
Telephone
202 508-5800
Facsimile
202 508-5858
Other Offices
Atlanta
London
Brussels
Direct Dial
202 508-5850
Hon. John W. Clark
Acting Assistant Attorney
General, Antitrust Division
U.S. Department of Justice
10th Street and Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Dear General Clark:
National Cardiovascular Network, Inc. ("NCN") respectfully requests the expedited response of the Antitrust Division, pursuant to the Business Review Procedure established in 28 C.F.R. Section 50.6 and the Pilot Business Review Program for joint ventures announced on December 1, 1992, with respect to the proposed conduct of NCN as described in the enclosed materials. NCN is a national network of cardiologists, cardiovascular surgeons and cardiac care institutions formed for the purpose of contracting with national, regional and local third-party payer organizations for the delivery of high quality cardiovascular care, at DRG-specific package prices or for capitation payments, in a treatment environment designed to reduce costs through volume-related efficiencies and standardized treatment protocols.
The enclosed document entitled "Business Plan" describes the proposed organization and operation of NCN generally. The Appendix, beginning at tab 10 of the Business Plan, includes the following documents:
Bylaws
Wall Street Journal Article Dated March 2, 1992
Proposed Participation Agreement
Proposed Payer Contract
NCN Provider Group List
Map of Initial Provider Program Locations
AHA 1992 List of Hospitals with Cardiac
Catheterization Labs, Open-heart Surgery Programs and Angioplasty Programs
Hon. John W. Clark
June 2, 1993
Page 2
Also enclosed is a Supplementary Appendix containing all documents responsive to specifications 2, 3 and 4 of the "All documents" portion of the Pilot Business Review Program itemization of information and documents to be submitted for joint ventures. NCN hereby represents that it has undertaken a good faith search for the documents specified and is providing herewith all responsive material in its possession except superseded drafts of the documents provided.
The enclosed materials constitute all of the documents described in the Pilot Program announcement as required for proposed joint ventures. If you have any questions, we will be happy to respond. For further information please contact the undersigned or David M. Zacks, Esq., Knox & Zacks, 1800 First Union Tower, 999 Peachtree Street, N.E., Atlanta, Georgia 30309, (404) 892-4900.
Third-party payer interest has been substantial since publication of the Wall Street Journal article. Therefore, we urge the Department to act promptly on this request.
Very truly yours,
Frederick H. von Unwerth
Enclosure
FHV/mel
cc: William D. Knopf M.D.
Michael J. Lanzilotta
David M. Zacks, Esq.