Concurrent with the publication of the Centers for Medicare and Medicaid Services (CMS) proposed rule for Medicare Shared Savings Program accountable care organizations on March 31, 2011, four other federal agencies issued coordinated proposed policies that address the many complex legal issues involved in establishing and operating accountable care organizations. The three proposed policies, all accompanied by requests for public comments, are:
1. A joint CMS and Department of Health and Human Services Office of Inspector General (OIG) notice and request for public comments, due June 6, 2011: “Medicare Program; Waiver Designs in Connection with the Medicare Shared Savings Program and the Innovation Center” (published in the Federal Register on April 7, 2011):
2. A joint Federal Trade Commission (FTC) and Department of Justice (DOJ) Proposed Statement of Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program (Antitrust Policy Statement); comments are due May 31, 2011:
3. Notice 2011-20 from the Internal Revenue Service (IRS), requesting comments, due May 31, 2011, regarding the need for guidance on participation by tax-exempt organizations in the Medicare Shared Savings Program through Accountable Care Organizations:
CMS has a fact sheet summarizing these proposed policies.
Ignatius Bau 