On October 29, the Centers for Medicare & Medicaid Services
(CMS) published a
final rule finalizing waivers from certain healthcare-related
fraud laws for certain financial arrangements involving accountable
care organizations (ACOs) under the Medicare Shared Savings Program
(MSSP). The interim rule, issued in November 2011 and extended in
2014, had been set to expire November 2, 2015.
The rule permits ACO participants to avoid violating the physician
self-referral law, the Federal anti-kickback statute, and the civil
monetary penalties (CMP) law provision relating to beneficiary
inducements when they establish relationships within the ACO
structure with other participants, including physicians and
hospitals.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.