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(ACO) regulations - American Society of Anesthesiologists

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CMS-1345-P 138<br />

example, if the <strong>ACO</strong>'s assigned population falls below 5,000 during an agreement year as<br />

discussed in section II. B. <strong>of</strong> this proposed rule.<br />

• CMS and the <strong>ACO</strong> may mutually decide to terminate the agreement.<br />

We propose that when an <strong>ACO</strong> reorganizes its structure by excluding <strong>ACO</strong><br />

participants or by adding or excluding <strong>ACO</strong> providers/suppliers, deviates from its<br />

approved application, changes information contained in its approved application, or<br />

experiences other changes which may make it unable to complete its 3-year agreement, it<br />

must notify us within 30 days <strong>of</strong> the event for reevaluation <strong>of</strong> its eligibility to continue to<br />

participate in the Shared Savings Program. We would respond in one <strong>of</strong> the five ways<br />

specified previously. We request comment on this proposal.<br />

9. Future Participation <strong>of</strong> Previously Terminated Program Participants<br />

As described in section II.H. <strong>of</strong> the proposed rule, there are a number <strong>of</strong><br />

circumstances under which we may terminate our agreement with an <strong>ACO</strong>, including<br />

avoidance <strong>of</strong> at-risk beneficiaries and failure to meet the quality performance standards.<br />

In contrast, there are also many reasons why an <strong>ACO</strong> participant TIN, used for<br />

assignment, or individual <strong>ACO</strong> providers/suppliers may drop out <strong>of</strong> an <strong>ACO</strong>; such as<br />

government exclusion, relocation, retirement, a voluntary decision to terminate<br />

participation, or bankruptcy.<br />

Permanently barring former program participants from subsequent participation in<br />

the Shared Savings Program due to a voluntary or forced termination from an <strong>ACO</strong><br />

appears unduly harsh given the dynamic nature <strong>of</strong> organizational membership.<br />

Alternatively, we do want to ensure our policy on subsequent participation in the Shared<br />

Savings Program does not provide a second chance for under-performing organizations

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