The program was created and required by the Patient Protection and Affordable Care Act (PPACA), which amended the Social Security Act (where the Medicare legislation is found). The law further required that the program be established no later than Jan. 1, 2012. The proposed rule had been published by CMS in the April 7, 2011, issue of the Federal Register . CMS stated that it received more than 1,300 public comments to it.
The final rule was issued on Oct. 20 by CMS and was published in the Nov. 2 issue of the Federal Register . Compared to the proposed rule, the final rule is less risky, has more possible rewards and is more flexible. CMS stated in the commentary to the regulations that in issuing the final rule it attempted to “reduce burden and cost for participating ACOs.” The question now is whether CMS has made the program appealing enough to get providers to participate in it.
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