Centers for Medicare and Medicaid Services (CMS) released proposed rules on implementation of the Medicare Shared Savings Program (MSSP) for Accountable Care Organizations (ACOs). Under the MSSP, ACOs meeting certain requirements will be eligible to receive additional payments from Medicare when certain performance guidelines are met and cost-saving targets are achieved. Related agencies also released separate notices regarding similar legal issues affecting ACOs.
McGuireWoods has prepared a brief summary of the proposed rules and notices issued, Agencies Release Proposed Rules On ACOs – 7 Key Components to Consider, addressing the following:
- ACO Legal Structure and Governance
- Shared Savings Calculation
- Timing Issues
- Waiver of Stark, Anti-Kickback and Gainsharing CMP Laws
- Antitrust Enforcement
- HIPAA and Other Implications for Information Technology
- ACOs and Tax Exempt Status
In subsequent articles over the coming weeks, we will provide more in-depth discussions of the legal issues affecting ACOs.
For more information, please contact one of the authors.