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(ACO) regulations - American Society of Anesthesiologists

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CMS-1345-P 389<br />

(i) It plans to use shared savings payments, including the criteria it plans to employ for<br />

distributing shared savings among its participants.<br />

(ii) The proposed plan will achieve the specific goals <strong>of</strong> the Shared Savings Program.<br />

(iii) The proposed plan will achieve the general aims <strong>of</strong> better care for individuals, better<br />

health for populations, and lower growth in expenditures.<br />

(12) Written request for shared savings payment. (i) After receipt <strong>of</strong> notification from<br />

CMS <strong>of</strong> the anticipated shared savings payment or amount <strong>of</strong> shared losses, an individual with<br />

the authority to legally bind the <strong>ACO</strong> (such as the <strong>ACO</strong>'s CEO or CFO), must make a written<br />

request to CMS for payment <strong>of</strong> the shared savings (or acknowledge the amount <strong>of</strong> shared losses)<br />

in a document that certifies the <strong>ACO</strong>'s compliance with program requirements as well as the<br />

accuracy, completeness, and truthfulness <strong>of</strong> any information submitted directly or indirectly by<br />

the <strong>ACO</strong>, its <strong>ACO</strong> participants, the <strong>ACO</strong> providers/suppliers, or any other entity to CMS,<br />

including any quality data or other information or data relied upon by CMS in determining the<br />

<strong>ACO</strong>'s eligibility for, and the amount <strong>of</strong> a shared savings payment or the amount owed by the<br />

<strong>ACO</strong> to CMS.<br />

(ii) If such data are generated or submitted by <strong>ACO</strong> participants, <strong>ACO</strong><br />

providers/suppliers, or another entity, such <strong>ACO</strong> participant, <strong>ACO</strong> provider/supplier, must<br />

similarly certify the accuracy, completeness, and truthfulness <strong>of</strong> the data and provide the<br />

government with access to such data for audit, evaluation, investigation, and inspection.<br />

(13) Sufficient number <strong>of</strong> primary care providers and beneficiaries. (i) CMS will deem<br />

an <strong>ACO</strong> to have a sufficient number <strong>of</strong> primary care physicians and beneficiaries if the<br />

number <strong>of</strong> beneficiaries historically assigned to the <strong>ACO</strong> participants using the assignment<br />

methodology in §425.6 is 5,000 or more.

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