CMS Releases Proposed Rule for ACOs

HHS Secretary Kathleen Sebelius and CMS Administrator Donald M. Berwick, MD, this morning announced the release of the proposed rules for implementation of accountable care organizations (ACOs), as required under the health care reform law.

“These rules will help teams of doctors form ACOs…and in return, they will be able to share in savings that come from coordinating care and improving the quality of health,” said Secretary Sebelius during a telephone press event announcing the rule’s release. She added that CMS estimates ACOs could save Medicare between $510 million and $960 million over the next three years, net of provider savings payments.

Coming in slightly over 400 pages, the proposed rule will be open for comments for 60 days, and CMS officials will be gathering stakeholder feedback at listening sessions held throughout the country in the coming months. The College is currently analyzing—and will provide feedback to CMS—on the rule’s impact on pathologists. CMS is expected to publish a final rule later this year.

The proposed rule includes 65 quality measures, which Dr. Berwick detailed in a New England Journal of Medicine column, also published online this morning. In addition, the Federal Trade Commission (FTC) released an anti-trust document this morning to accompany the CMS proposed rule. In the Proposed Antitrust Enforcement Policy Statement Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program, the FTC outlines certain safe harbors and related information allowing providers to form integrated health care delivery systems without conflicting with the antitrust laws.

 

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