The Centers for Medicare & Medicaid Services ("CMS") released a final rule ("Final Rule") on the Medicare Shared Savings Program ("MSSP") (Fed. Reg. Vol. 80, No. 110, 32692-32845), which contained good news for accountable care organizations ("ACOs"). Not only did the Final Rule incorporate informal guidance that CMS had previously issued, it also responded to many of the comments provided during the comment period, most notably the ability for ACOs to continue for one more contract cycle in a shared savings agreement (called Track 1 by CMS). Previously, ACOs would have had to accept downside financial risk if they were continuing in the MSSP and entered into a Track 2 agreement. In the press release and fact sheet accompanying the Final Rule, CMS highlighted its "support for the care provider community in creating a delivery system with better care, smarter spending, and healthier people."
The Final Rule continues the existing MSSP model in which providers and suppliers participating in ACOs receive traditional Medicare Parts A and B fee-for-service payments and are eligible to receive shared savings if certain quality and savings targets are met. The Final Rule added the following changes to improve the program:
The Final Rule also clarified and formalized prior guidance in a number of areas, including requirements related to:
On January 30, Jed Davis will speak at The Knowledge Group Webcast, "Best Strategies in Protecting Your Firm Against Hackers: What Hackers Can and Cannot Do?"
Susan Huntington authored a chapter, "Enterprise Risk Approach to Successful Population Management," in the recently published third edition of the "Enterprise Risk Management Handbook for Health Care Entities."
Kathy Lawler, Susan Huntington and Erin Healy wrote an article, "Risks for Employers using Drug Import Companies to Manage Costs," for AHLA Weekly.
Theresa Kelly and Howard Fetner wrote an article, "AARP Lawsuit Puts EEOC In An Awkward Position," for Law360.
Jed Davis authored the article, "Cybersecurity for the Under-Resourced" for Bloomberg BNA.
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Eric Fader was quoted in an article, "HHS Pact Shows Data Breach Reporting Can't Fall Off Radar," published in Law360.
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Michael Furey was quoted in an article, "Barnabas, Hackensack Meridian Execs to be deposed in Omnia suit, judge rules," NJBIZ.
Eric Fader was quoted in an article, "Outlook 2017: ACA Repeal Dominates Health Policy Predictions," published in Bloomberg BNA's Health Insurance Report.