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CMS releases highly-anticipated rule on ACOs

Posted on March 31, 2011 | No Comments

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The Centers for Medicare and Medicaid Services (CMS) have issued a notice of proposed rulemaking (NRPM) on Accountable Care Organizations (ACO). The proposed rule implements Section 3022 of the Affordable Care Act (ACA), which establishes certified ACOs as formal Medicare providers under the Medicare Shared Savings Program.

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Today, the U.S. Department of Health and Human Service (HHS) named 32 health care organizations that will participate in the Pioneer Accountable Care Organization Model. The goal of the new ACO Model is to encourage providers, hospitals, specialists, and caregivers to provide more coordinated care, which could save $1.1 billion over a five year period, HHS projects. The Centers for Medicare & Medicaid Services (CMS) Innovation Center is spearheading this initiative and will reward groups that have formed ACOs based on improvements in health of their Medicare patients and their ability to lower health care costs. Under the Pioneer ACO Model, the 32 selected health care organizations will test the effectiveness of several innovative payment models. The goal of the Pioneer ACO model is to provide better care for beneficiaries, improved coordination with private payers, a reduction Medicare cost growth, and rewards for health care providers that deliver high-quality care. The 32 selected Pioneer ACOs represent urban and rural organizations from various geographic regions of the country, covering 18 states and 860,000 Medicare beneficiaries.
The Centers for Medicare and Medicaid Services (CMS) of the U.S. Department of Health and Human Services (HHS) have announced that the Center for Medicare and Medicaid Innovation (Innovation Center) will support a new type of Accountable Care Organization, called the Pioneer ACO Model. This type of ACO is designed to work in conjunction with both public and private payers and is estimated by the Medicare Chief Actuary to save up to $430 million over 3 years because of better care management and coordination. “The Pioneer Model is an opportunity for those organizations that have already adopted significant care coordination processes to move further and faster into seamless, coordinated care by utilizing alternative payment mechanisms,” said Richard Gilfillan, M.D., director of the Innovation Center. CMS will accept applications for Pioneer ACOs through July 18, 2011.
The Federal Trade Commission (FTC) will host a workshop on May 9 to gather information on enforcing U.S. antitrust laws as they relate to the formation of Accountable Care Organizations (ACOs). The Department of Justice (DOJ) and the FTC issued a joint policy statement on ACO antitrust enforcement March 31, for which the comment period expires at the end of May.
The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) have issued a joint policy statement on how they will enforce U.S. antitrust law related to the new Accountable Care Organizations (ACO) created by the Affordable Care Act (ACA). The two agencies are soliciting public comment on the proposed policy statement, which would create an antitrust "safety zone" and provide expedited antitrust review for certain ACOs.
In a letter to CMS Administrator Donald Berwick, the Medicare Patient Advisory Commission urged that the agency establish Accountable Care Organization demonstrations through the Center for Medicare and Medicaid Innovation that not only provide bonuses to providers for improving outcomes at reduced cost, but also penalizes those that fail to do so.
The Centers for Medicare and Medicaid Services has released a request for information on Accountable Care Organizations and the Medicare Shared Savings Program under the health reform law. This is to be published in the federal register on November 17 with the deadline for comments to fall 21 days later.
While a primary aim of the Affordable Care Act (ACA) was to increase access to affordable health insurance coverage, a critical, although less publicized, component of the law is a series of provisions designed to improve health care quality and efficiency and to advance the concept of “value-based purchasing.” The Agency for Health Care Research and Quality (AHRQ) defines the concept of value-based purchasing as holding “providers of health care accountable for both the cost and quality of care.” AHRQ notes that “value-based purchasing brings together information on the quality of health care, including patient outcomes and health status, with data on the dollar outlays going towards health. It focuses on managing the use of the health care system to reduce inappropriate care and to identify and reward the best-performing providers. This strategy can be contrasted with more limited efforts to negotiate price discounts, which reduce costs but do little to ensure that quality of care is improved.”
The Commonwealth Fund's paper, "Promising Payment Reform: Risk-Sharing With Accountable Care Organizations," describes and reports on the implementation of eight private accountable care organizations (ACOs) that use, or are planning to deploy, a shared payer–provider risk payment model. The Medicare Shared Savings Program, a component of the Affordable Care Act (ACA), creates financial incentives for ACOs to provide coordinated, well-integrated, efficient care. As ACOs continue to form, payers are establishing shared-savings programs and payment methods that confer a portion of the financial risk to the provider. There is minimal evidence, however, about what sort of payment model, shared-risk or otherwise, will most appropriately support ACOs. This report summarizes research on those ACOs that include a provider risk-sharing component.
The Commonwealth issue brief, "Identifying, Monitoring, and Assessing Promising Innovations: Using Evaluation to Support Rapid-Cycle Change," reviews the mission of The Center for Medicare and Medicaid Innovation (Innovation Center) and provides perspectives from the research community on critical issues and challenges. This issue brief focuses on three requirements the Innovation Center must address to meet its objectives: 1) focusing on research-based changes that have the potential to achieve significant impact on improving quality and lowering costs; 2) documenting innovation testing and goals and tracking implementation and performances; and 3) generating evidence requisite to support broad-based policy change. To support these goals, the Affordable Care Act (ACA), has provided the Innovation Center with $10 billion in funding from 2011 to 2019. The intent is to allow quicker and more effective identification and spread of desirable innovations, with the goal of ultimately modifying Medicare, Medicaid, and the Children's Health Insurance Program (CHIP).
A key provision of the Affordable Care Act (ACA) is the establishment of the Medicare Shared Savings Program, which provides incentives for improved quality and efficiency in a new category of provider--the accountable care organization (ACO). The ACO program is slated to begin in January 2012 and will reward groups of providers who agree to collaborate and offer more accountable, effective, and efficient care with a share of the savings that they achieve. The Commonwealth Fund Commission on a High Performance Health System's report "High Performance Accountable Care: Building on Success and Learning from Experience," provides recommendations for ensuring effective, efficient implementation and growth of the ACOs. Specifically, this report 1) sets forth the rationale for creating ACOs; 2) describes several promising types of ACO models that should be considered and evaluated as part of an effort to facilitate adaptability and spread of accountability for quality and cost; and 3) concludes with a set of Commission recommendations on what ought to be expected from ACOs and how to ensure their successful implementation and spread.