The Council of Medical Specialty Societies (CMSS) adopts this Policy on Antitrust Compliance and the Guidelines described below to help ensure that CMSS member organizations, Board members, Officers, committee members, representatives to other organizations, and staff comply with federal and state antitrust laws in connection with CMSS programs, activities, and responsibilities.
The CMSS CEO should be informed promptly of any questions or concerns about whether conduct during or in connection with CMSS programs, activities, and communications complies with this Policy and the Guidelines. Discussion and communication on matters in violation of the CMSS Policy on Antitrust Compliance and Guidelines will not be permitted at a CMSS meeting or in communications on behalf of CMSS, and violating parties may be asked to leave the meeting by the Chair of the Board.
Guidelines:
These Guidelines apply to all CMSS board members, officers, committee members, representatives to other organizations, and staff in connection with CMSS programs, activities, communications, and responsibilities.
DO NOT discuss, communicate, or make announcements about the following topics for the purpose or intended effect of fixing prices, allocating customers or markets, or unreasonably restraining trade:
- Prices or costs for products or services of CMSS member organizations.
- Allocation of markets, customers, products, or services.
- Whether pricing or other competitive practices of any CMSS member organization are improper or objectionable.
- Whether to deal or refuse to deal with a CMSS member organization due to its pricing or other competitive practices.
- Future intentions of any CMSS member organization concerning pricing, marketing, purchasing, or the geographic/product scope of your operations.
- Any confidential, competitively sensitive information.
- Fees or other aspects of reimbursement for individual members of CMSS member organizations.
- Agreements to collectively deal or refuse to deal with third party purchasers of services of individual members of CMSS member organizations.
- Agreements to restrict the scope of practice of physicians or other health care providers.
DO NOT permit participants in a CMSS program, meeting, or communication to engage in discussion or comments about these subjects.
DO notify the CMSS CEO promptly of any conduct in CMSS programs, meetings, or communications that appears to be contrary to these Guidelines or the CMSS Policy on Antitrust Compliance.
DO insist that a written agenda be followed and minutes kept at all CMSS meetings.
DO confer with the CMSS CEO before speaking at any CMSS program or meeting about a topic that may have competitive ramifications.
DO request review by the CMSS CEO of any written materials that address a topic with competitive ramifications.
DO follow the CMSS Bylaws, policies, and rules, including this Policy on Antitrust Compliance and these Guidelines.
CMSS Meetings
To avoid potential antitrust risks, all CMSS Board, Council, Committee meetings shall be conducted in accordance with the following rules:
- All CMSS meetings shall be regularly scheduled and conducted pursuant to a written agenda.
- The written agenda will be prepared and distributed in advance of the meeting, with a copy to the CMSS CEO. Issues with potential antitrust implications will be reviewed and discussed by the Chair of the meeting with the CEO and, if deemed appropriate, legal counsel.
- Accurate minutes of every meeting will be prepared and reviewed. Minutes will be reviewed and approved at the next meeting.
- In the event that any member has a concern about potential antitrust implications of a discussion during a meeting, he or she shall interrupt the discussion and state that concern immediately. If discussion is not terminated and the concern resolved, the concerned member should state that he or she is leaving the meeting for that reason, and leave.
- Discussion and communication on matters in violation of the CMSS Policy on Antitrust Compliance and Guidelines will not be permitted at a CMSS meeting or in communications on behalf of CMSS, and violating parties may be asked to leave the meeting by the Chair.