Implications of federal agencies' proposed guidance on accountable care organizations

On March 31, 2011 the Centers for Medicare & Medicaid Services (CMS) released a much-anticipated proposed rule to implement the provisions of the Affordable Care Act (ACA) that establish the Medicare Shared Savings Program (MSSP), which encourages the development of Accountable Care Organizations (ACOs) in Medicare. In addition to the CMS Proposed Rule, the Department of Health and Human Services Office of Inspector General (OIG), the Department of Justice (DOJ), the Federal Trade Commission (FTC), and the Internal Revenue Service (IRS) concurrently released their own notices and statements regarding fraud and abuse issues, and antitrust and tax law implications in connection with the MSSP.

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