After receiving more than 1,300 public comments on its Proposed Rule for Accountable Care Organizations (ACOs) under the Medicare Shared Savings Program, CMS published its Final ACO Rule in the Federal Register on November 2. In addition, the FTC and DOJ filed their Final Statement of ACO Antitrust Enforcement Policy and CMS issued an Interim Final Rule with a 60-day comment period describing five separate fraud and abuse waivers applied to Stark, the Anti-Kickback Statute and the Civil Monetary Penalty laws. Finally, the IRS also issued Fact Sheet 2011-11 confirming Notice 2011-20 from April 18, 2011, on its expectations regarding ACOs participating in the Shared Savings Program.
