Models of Accountable Care Organizations (ACOs), emerging from healthcare reform are taking shape in Indiana and around the country to clinically integrate physicians, hospitals and other providers.
Here is some information below to help you understand ACOs and other emerging models.
Legal Issues Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program
The Centers for Medicare & Medicaid Services (CMS) issued a final rule that establishes accountable care organizations (ACO) under the Shared Savings Program. The CMS final rule is available online at the Federal Register.
- CMS and HHS Office of Inspector General (OIG) jointly issued
an interim final rule with comment period establishing waivers
of certain Federal laws—the physician self-referral law, the anti-kickback
statute, and certain provisions of the civil monetary penalty law
- in connection with the Shared Savings Program. The interim final
rule with comment period is available online at this
website
- The Federal Trade Commission and the Department of Justice jointly
issued a "Statement of Antitrust Enforcement Regarding Accountable
Care Organizations Participating in the Medicare Shared Savings
Program" (Antitrust Policy Statement). The Antitrust Policy
Statement is available online here.
- The Internal Revenue Service (IRS) issued a notice that will be available online
ISMA actions and resources
Letter to CMS (Dec. 3, 2010)
Letter to AMA (Dec. 1, 2010)
Here are some reactions to proposed ACO rules
Indiana health system selected to serve as test model ACO
The ISMA has updates, Web page to keep you informed about ACO news and activities
The ISMA brings you updated information on Indiana ACO activity
Prepare: You may be asked to join an area network
AMA resources
Evaluating and negotiating payment options
AMA Advocacy Update (Nov. 2, 2011)
- ACO/Medicare shared savings program final rules are issued
- Advanced payment model created for physician-led ACOs
- Antitrust rules issued for Medicare ACOs
ACOs can work with physicians in charge (amednews.com, Jan. 31, 2011)
A study looks at the effectiveness of a primary care-led accountable care organization.
How to seal a co-management deal with a hospital (amednews.com, Jan. 24, 2011)
ACO rules need careful setup, groups tell federal agencies (amednews.com, Oct. 18, 2010)
Antitrust laws and other federal regulations on financial relationships in medicine could hamper accountable care organizations.
“Pathways for Physician Success Under Healthcare Payment and Delivery Reforms” (Executive Summary, June 2010)
- The full whitepaper (AMA members only)
State of Indiana
The affordable care act (IN.gov)SENATE BILL No. 174
Federal Law
Patient Protection and Affordable Care Act(See Section 3022 on pages 277-85 and 10307 on pages 822-23)
