A New Jersey district court recently denied a motion to dismiss Talone, et. al. v. The American Osteopathic Association, an antitrust class action. The suit alleges that the physician association violated the Sherman Act by illegally tying osteopaths’ board certification to association membership. The defendant association moved to dismiss, arguing that plaintiffs, a group of affected doctors, had failed to allege sufficient facts to demonstrate foreclosure of competition or antitrust injury. This alert reviews plaintiffs’ claims, the association’s arguments against them, and the court’s denial of the association’s motion to dismiss.
Written by: Nili Yolin
The Accreditation Council for Graduate Medical Education (ACGME), American Osteopathic Association (AOA), and the American Association of Colleges of Osteopathic Medicine (AACOM) will be forming a unified, single accreditation system for allopathic and osteopathic physicians in 2015. First announced in October 2012, the three governing boards finally approved the framework for implementing a single accreditation system last month, which calls for the AOA and AACOM to become member organizations of the ACGME, thereby allowing the ACGME to accredit all osteopathic graduate medical education programs that are currently accredited by the AOA. In so doing, osteopathic physicians (DOs) training in AOA-accredited residency programs will be able to transfer into ACGME-accredited residencies without having to repeat any years of training.