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:
Steven A. Cash, Benjamin H. Nissim and David Forscey, policy analyst for the Homeland Security & Public Safety Division of the National Governors Association, co-authored an article, "Cybersecurity Is The Next Frontier Of State Regulation," for Law360.
On March 15, Eric Fader will be presenting a live webinar, "Navigating Legal Issues in Neuromonitoring," for The American Society of Neurophysiological Monitoring (ASNM).
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.
Eric Fader was quoted in an article, "U.K. Hospital Ransomware Attacks Show Need for Software Updates," published in Bloomberg BNA's Privacy Law Watch.
Eric Fader was quoted in an article, "Texas Health System Pays $2.4M to Settle Unauthorized Patient Disclosure," published in Bloomberg BNA's Privacy Law Watch.
Eric Fader was quoted in an article, "Health-Care Provider Pays $31K for Lack of Privacy Contract with Vendor," published in Bloomberg BNA's Health Care Daily Report.
Eric Fader was quoted in an article, "Drug, Device Makers Could Get Hit for Not Reporting Payments to Doctors," published in Bloomberg BNA's Life Sciences Law & Industry Report.
Day Pitney's recently updated HIPAA self-assessment tool was featured in an article published in Clinical Lab Products magazine.