Health Law Section Files Comments on ACO Regulations Proposed by CMS

Health Law Section Files Comments on ACO Regulations Proposed by CMS

The ACO Task Force of the American Bar Association Health Law Section has filed comments on regulations proposed by Centers for Medicare & Medicaid Services (CMS) to implement the Medicare Shared Savings Program. The proposed regulations, when finalized, will govern the manner in which accountable care organizations, or ACOs, will contract with CMS to become accountable for the delivery of care to an assigned population of Medicare fee for service beneficiaries.  

The Section's ACO Task Force prepared the comments with a view to help CMS understand some of the more problematic aspects of the proposed regulations, which we viewed as likely to frustrate, rather than facilitate, the development of ACOs. Areas of focus for our comments included the highly proscriptive provisions on ACO governance, management and leadership, the level of control that CMS proposes to have over the content and distribution of marketing materials, mechanisms for the assignment of ACO beneficiaries, the ACO application process and the prospect and implications of state regulation of ACOs under insurance laws.

The ACO Task Force, chaired by Matthew Jenkins, Partner, Hunton & Williams LLP, was formed to address the myriad issues that surround the development of accountable care organizations, both in response to the provisions of PPACA and the interest of commercial payors in finding new ways to bend the cost curve.

For more information about the ACO Task Force please contact Simeon Carson, Associate Director, at