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(ACO) regulations - American Society of Anesthesiologists

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CMS-1345-P 20<br />

savings only if the estimated average per capita Medicare expenditures under the <strong>ACO</strong><br />

for Medicare FFS beneficiaries for Parts A and B services, adjusted for beneficiary<br />

characteristics, is at least the percent specified by the Secretary below the applicable<br />

benchmark. The Secretary shall determine the appropriate percent <strong>of</strong> shared savings to<br />

account for normal variation in Medicare expenditures, based upon the number <strong>of</strong><br />

Medicare FFS beneficiaries assigned to an <strong>ACO</strong>. Section 1899(d)(1)(B)(ii) <strong>of</strong> the Act, in<br />

turn, requires the Secretary to estimate a benchmark for each agreement period for each<br />

<strong>ACO</strong> using the most recent available 3 years <strong>of</strong> per beneficiary expenditures for Parts A<br />

and B services for Medicare FFS beneficiaries assigned to the <strong>ACO</strong>. This benchmark<br />

must be adjusted for beneficiary characteristics and such other factors as the Secretary<br />

determines appropriate and updated by the projected absolute amount <strong>of</strong> growth in<br />

national per capita expenditures for Parts A and B services under the original Medicare<br />

FFS program, as estimated by the Secretary. Furthermore, the benchmark must be reset<br />

at the start <strong>of</strong> each new agreement period.<br />

Section 1899(d)(2) <strong>of</strong> the Act provides for the actual payments for shared savings<br />

under the Shared Savings Program. Specifically, if an <strong>ACO</strong> meets the quality<br />

performance standards established by the Secretary, and meets the savings requirements,<br />

a percent (as determined appropriate by the Secretary) <strong>of</strong> the difference between the<br />

estimated average per capita Medicare expenditures in the year, adjusted for beneficiary<br />

characteristics, and the benchmark for the <strong>ACO</strong> may be paid to the <strong>ACO</strong> as shared<br />

savings and the remainder <strong>of</strong> the difference shall be retained by the Medicare program.<br />

The Secretary is required to establish limits on the total amount <strong>of</strong> shared savings paid to<br />

an <strong>ACO</strong>.

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