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(ACO) regulations - American Society of Anesthesiologists

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CMS-1345-P 378<br />

exclusive to a single <strong>ACO</strong>.<br />

(d) Other requirements. (1) Accountability for beneficiaries. As part <strong>of</strong> its application and<br />

3-year agreement, the <strong>ACO</strong> must certify that the providers and suppliers forming the <strong>ACO</strong> have<br />

agreed to become accountable for and report to CMS on the quality, cost, and overall care <strong>of</strong> the<br />

Medicare fee-for-service beneficiaries assigned to the <strong>ACO</strong>. Each <strong>ACO</strong> must make information<br />

on its accountability for quality, cost, and the overall care <strong>of</strong> its assigned population available to<br />

the public in a standardized format, as determined by CMS.<br />

(2) Coordination <strong>of</strong> Antitrust Agency review. (i) Except for an <strong>ACO</strong> that qualifies for<br />

the Rural Exception articulated in the Antitrust Policy Statement or other controlling guidance<br />

from the antitrust agencies, an <strong>ACO</strong> with a Primary Service Area (PSA) share, as described in<br />

the Antitrust Policy Statement, greater than 50 percent for any common service that two or more<br />

<strong>ACO</strong> participants provide to patients from the same PSA must do both <strong>of</strong> the following:<br />

(A) Request an expedited antitrust review from the Antitrust Agencies.<br />

(B) Submit, as part <strong>of</strong> its application, a letter from the reviewing Antitrust Agency<br />

confirming that it has no present intent to challenge or to recommend challenging the proposed<br />

<strong>ACO</strong>.<br />

(ii) Except for an <strong>ACO</strong> that qualifies for the Rural Exception articulated in the Antitrust<br />

Policy Statement, or other controlling guidance from the antitrust agencies, an <strong>ACO</strong> with a PSA<br />

share, as described in the Antitrust Policy Statement, greater than 30 percent and less than or<br />

equal to 50 percent may do one <strong>of</strong> the following:<br />

(A) Request an expedited antitrust review from the Antitrust Agencies.<br />

(B) Submit a letter from the reviewing Antitrust Agency confirming that it has no<br />

present intent to challenge or to recommend challenging the proposed <strong>ACO</strong>.

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