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:
Susan Huntington and Alexandra MacKenzie Pearsall authored the section on CT law in "State Response to Opioid Crisis and Opioid Prescribing Requirements: A 50 State Survey," a resource published by the American Health Lawyers Association (AHLA).
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Beth Alquist, chair of Day Pitney's Intellectual Property and Technology group, was featured on the MetroHartford Alliance radio show, "Pulse of the Region," to discuss the role of women in technology in connection with the Connecticut Technology Council's 15th Annual Women of Innovation (WOI) Awards
Susan Huntington served as a primary author of "Issues and Considerations in an Evolving Liability Environment: Summaries and Checklists Regarding Protections for Board of Directors and Executive Officers," a toolkit published by the American Health Lawyers Association's (AHLA) Business Law and Governance Practice Group.
On September 20, Susan Huntington presented during an educational call-in discussion, "Insurance and Coverage Risk Management Approaches to Address the Opioid Crisis," for the American Health Lawyers Association (AHLA).
Tom Zalewski is quoted in an article, "Careful Care: Health Care Companies Must Be Aware of Legal Risks That Come with New Technology," published by ROI-NJ.
Day Pitney partners Elizabeth Sher and Susan Huntington are recipients of Profiles in Diversity Journal's 18th Annual "Women Worth Watching" Awards, which recognize esteemed women leaders and acknowledge their talents, commitment, achievements and leadership.
Susan Huntington and George Mikhail were quoted in an article, "STRATEGIC PERSPECTIVES: U.S. Supreme Court Decides Allina and Analysis, Predictions Follow," published in Health Law Daily by Wolters Kluwer Legal & Regulatory U.S. Following the U.S. Supreme Court decision in Azar v. Allina Health Services, the article provides an overview of the court's decision and perspective on what it means for providers.
Susan Huntington, chair of the firm's Healthcare and Life Sciences practice group, was quoted in an article, "Attorneys React To High Court's HHS Rulemaking Decision," published by Law360.
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