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(ACO) regulations - American Society of Anesthesiologists

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CMS-1345-P 108<br />

we are concerned that some claims (for example, high cost claims) may be filed after the<br />

claims run-out period which would affect the accuracy <strong>of</strong> the amount <strong>of</strong> the shared<br />

savings payment. We are considering, and seek comment on, ways to address this issue,<br />

including applying an adjustment factor determined by CMS actuaries to account for<br />

incomplete claims, termination <strong>of</strong> the <strong>ACO</strong>'s agreement with us for <strong>ACO</strong>s found to be<br />

holding claims back, or attributing claims submitted after the run-out period to the<br />

following performance period.<br />

We propose using a 6-month claims run-out to calculate the benchmark and per<br />

capita expenditures for the performance year. A 6-month claims run-out will allow us to<br />

more accurately determine the per capita expenditures associated with each respective<br />

<strong>ACO</strong>. Although the use <strong>of</strong> a 6-month claims run out will delay the computation <strong>of</strong> shared<br />

savings payments and the provision <strong>of</strong> feedback to participating <strong>ACO</strong>s, the trade-<strong>of</strong>f for a<br />

more accurate calculation <strong>of</strong> per capita costs is warranted. More accurately defining the<br />

per capita expenditures will allow us to share the appropriate amount <strong>of</strong> savings or<br />

alternatively, if no shared savings are realized, it will allow the <strong>ACO</strong> to focus on potential<br />

areas for improvement. However, we seek comment on whether there are additional<br />

considerations that might make a 3-month claims run-out more appropriate.<br />

3. Data Sharing<br />

Under section 1899(b)(2)(A) <strong>of</strong> the Act, as added by section 3022 <strong>of</strong> the<br />

Affordable Care Act, an <strong>ACO</strong> must, "be willing to become accountable for the quality,<br />

cost, and overall care <strong>of</strong> the Medicare fee-for-service beneficiaries assigned to it."<br />

Section 1899 <strong>of</strong> the Act does not address what data, if any, we should make available to<br />

<strong>ACO</strong>s on their assigned beneficiary populations to support them in evaluating the

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