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(ACO) regulations - American Society of Anesthesiologists

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CMS-1345-P 408<br />

CMS, in its sole discretion, may take one or more or all <strong>of</strong> the following actions prior to<br />

termination <strong>of</strong> the <strong>ACO</strong> from the Shared Savings Program.<br />

(1) Provide a warning notice to the <strong>ACO</strong> <strong>of</strong> the specific performance at issue.<br />

(2) Request a CAP from the <strong>ACO</strong>.<br />

(i) The <strong>ACO</strong> must submit a CAP for CMS approval by CMS deadline indicated on the<br />

notice <strong>of</strong> violation.<br />

(ii) The CAP must address what actions the <strong>ACO</strong> will take to ensure that the <strong>ACO</strong>, <strong>ACO</strong><br />

participants, and <strong>ACO</strong> providers/suppliers and/or contracted entities performing services or<br />

functions on behalf <strong>of</strong> the <strong>ACO</strong> will correct any deficiencies and remain in compliance with<br />

Shared Savings Program requirements.<br />

(iii) The <strong>ACO</strong>'s performance will be monitored during the CAP process.<br />

(iv) Failure to submit, obtain approval for, or implement a CAP may result in<br />

termination <strong>of</strong> the agreement.<br />

(v) <strong>ACO</strong> failure to demonstrate improved performance upon completion <strong>of</strong> the CAP may<br />

result in termination.<br />

(vi) This CAP process does not apply to determinations made by the Antitrust Agencies<br />

and must not be construed to negate, diminish, or otherwise alter the applicability <strong>of</strong> existing<br />

laws, rules, and <strong>regulations</strong>, or determinations made by other government agencies.<br />

(3) Place the <strong>ACO</strong> on a special monitoring plan.<br />

(4) These procedures do not apply to either <strong>of</strong> the following:<br />

(i) Determinations that an <strong>ACO</strong> has violated the Sherman antitrust act (15 U.S.C. 1),<br />

Clayton Act (15 U.S.C. 12), or the Federal Trade Commission Act (15 U.S.C. 45).<br />

(ii) Determinations made by other government agencies.

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