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 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.
Theresa Kelly and Howard Fetner wrote an article, "AARP Lawsuit Puts EEOC In An Awkward Position," for Law360.
Eric Fader was quoted in an article in Bloomberg BNA's Life Sciences Law & Industry Report that discussed the possibility that the existing safe harbors under the federal Anti-Kickback Statute may be modified or expanded to take into account alternative healthcare payment models.
Day Pitney Press Release
Eric Fader was quoted in an article, "Privacy and Security Audits May Be Moving From Education to Enforcement," in Bloomberg BNA's Privacy Law Watch.
Susan Huntington and Eric Fader were quoted in an article, "Growing HIPAA Focus Leads To Fresh Compliance Options," published in Law360.
Eric Fader was quoted in an article, "Florida Hospital Pays $5.5M to Settle Patient Record Breach," in Bloomberg BNA's Health Care Daily Report.