Yesterday, CMS released the much anticipated proposed regulations regarding the Shared Savings Program contemplated in Section 3022 of the healthcare reform law, PPACA.  The 429-page set of regulations is expected to provide greater clarity re CMS’s implementation of HHS’s authority to contract with Accountable Care Organizations (ACOs) under shared savings or other payment arrangements.  The proposed rule provides for a 60 day public comment period.  

 In conjunction with the CMS release, yesterday three other federal agencies issued related guidance.  First, the FTC and DOJ jointly issued a Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program.  The joint proposed statement seeks public comment until May 31st regarding the two agencies’ guidance, including the new proposed antitrust "safety zone" that would be created.

Second, the IRS issued Notice 2011-20 requesting public comments on possible new guidance to help tax-exempt health care organizations participating in such shared savings/ACO initiatives.   


McGuireWoods attorneys will be carefully examining these agency issuances and providing additional detail and analysis shortly on both this blog and on our firm website,