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(ACO) regulations - American Society of Anesthesiologists

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CMS-1345-P 318<br />

propose that the <strong>ACO</strong> will be re-evaluated both during and at the end <strong>of</strong> the CAP. If we<br />

determine that the <strong>ACO</strong> has continued to avoid at-risk beneficiaries, the <strong>ACO</strong> would be<br />

terminated from the Shared Savings Program. We also propose that the <strong>ACO</strong> would not<br />

receive shared savings payments while it is under the CAP regardless <strong>of</strong> the period <strong>of</strong><br />

performance in question and that the <strong>ACO</strong> would not be eligible to earn any shared<br />

savings for the period during which it is under the CAP for avoiding at-risk beneficiaries.<br />

We solicit comments on whether lesser sanctions may be appropriate when an<br />

<strong>ACO</strong> avoids at-risk beneficiaries, such as the cessation <strong>of</strong>, or a reduction in, the<br />

assignment <strong>of</strong> new beneficiaries to the <strong>ACO</strong>, a reduction in the amount <strong>of</strong> the shared<br />

savings payment, or a fine for each instance <strong>of</strong> at-risk beneficiary avoidance.<br />

2. Monitoring Compliance with Quality Performance Standards<br />

Section 1899(d)(4) <strong>of</strong> the Act further authorizes the Secretary to terminate an<br />

agreement with an <strong>ACO</strong> that does not meet the established quality performance<br />

standards. To identify <strong>ACO</strong>s that are not meeting the quality performance standards, we<br />

will review the <strong>ACO</strong>'s submission <strong>of</strong> quality measurement data. We may request<br />

additional documentation from an <strong>ACO</strong> or its <strong>ACO</strong> participants or <strong>ACO</strong><br />

providers/supplier, as appropriate. In those instances where an <strong>ACO</strong> fails to meet the<br />

minimum attainment level for one or more domains, we propose to give the <strong>ACO</strong> a<br />

warning and to re-evaluate the following year. If the <strong>ACO</strong> continues to underperform on<br />

the quality performance standards in the following year, the agreement will be<br />

terminated. We also propose that if an <strong>ACO</strong> fails to report one or more measures, we<br />

would send the <strong>ACO</strong> a written request to submit the required data by a specified date and<br />

to provide a reasonable written explanation for its delay in reporting the required

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