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(ACO) regulations - American Society of Anesthesiologists

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CMS-1345-P 412<br />

§425.15 Reconsideration review process.<br />

(a) There is no reconsideration, appeals, or other administrative or judicial review <strong>of</strong> the<br />

following determinations under this section:<br />

(1) The specification <strong>of</strong> quality and performance standards under §425.9 <strong>of</strong> this part.<br />

(2) The assessment <strong>of</strong> the quality <strong>of</strong> care furnished by an <strong>ACO</strong> under the performance<br />

standards established in §425.10.<br />

(3) The assignment <strong>of</strong> Medicare fee-for-service beneficiaries under §425.6 <strong>of</strong> this part.<br />

(4) The determination <strong>of</strong> whether an <strong>ACO</strong> is eligible for shared savings under §425.7(c)<br />

<strong>of</strong> this part, and the amount <strong>of</strong> such shared savings, including the determination <strong>of</strong> the estimated<br />

average per capita Medicare expenditures under the <strong>ACO</strong> for Medicare fee-for-service<br />

beneficiaries assigned to the <strong>ACO</strong> and the average benchmark for the <strong>ACO</strong> under §425.7(a) and<br />

(b) <strong>of</strong> this part.<br />

(5) The percent <strong>of</strong> shared savings specified by the Secretary and the limit on the total<br />

amount <strong>of</strong> shared savings established under §425.7(c) <strong>of</strong> this part.<br />

(6) The termination <strong>of</strong> an <strong>ACO</strong> for failure to meet the quality performance standards<br />

established under §425.14 <strong>of</strong> this part.<br />

(7) A determination made by the reviewing antitrust agency that it is likely to challenge<br />

or recommend challenging the <strong>ACO</strong>.<br />

(b) An <strong>ACO</strong> may appeal an initial determination that is not prohibited from<br />

administrative or judicial review under paragraph (a) <strong>of</strong> this section by requesting a<br />

reconsideration review by a CMS reconsideration <strong>of</strong>ficial.<br />

(1) An <strong>ACO</strong> that wants to request reconsideration review by a CMS reconsideration<br />

<strong>of</strong>ficial must submit a written request by an authorized <strong>of</strong>ficial for receipt by CMS within 15

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